Kenyan Constitution, Chapter Twelve, Part 4, Article 215 to 216

Public Finance

Revenue Allocation

Article 215: Commission on Revenue Allocation

(1) There is established the Commission on Revenue Allocation.
(2) The Commission shall consist of the following persons appointed by the President–

(a) a chairperson, who shall be nominated by the President and approved by the National Assembly;
(b) two persons nominated by the political parties represented in the National Assembly according to their proportion of members in the Assembly;
(c) five persons nominated by the political parties represented in the Senate according to their proportion of members in the Senate; and
(d) the Principal Secretary in the Ministry responsible for finance.

(3) The persons nominated under clause (2) shall not be members of Parliament.
(4) To be qualified to be a member of the Commission under clause (2) (a), (b) or (c), a person shall have extensive professional experience in financial and economic matters.

Article 216: Functions of the Commission on Revenue Allocation

(1) The principal function of the Commission on Revenue Allocation is to make recommendations concerning the basis for the equitable sharing of revenue raised by the national government–

(a) between the national and county governments; and
(b) among the county governments.

(2) The Commission shall also make recommendations on other matters concerning the financing of, and financial management by, county governments, as required by this Constitution and national legislation.
(3) In formulating recommendations, the Commission shall seek–

(a) to promote and give effect to the criteria set out in Article 203 (1);
(b) when appropriate, to define and enhance the revenue sources of the national and county governments; and
(c) to encourage fiscal responsibility.

(4) The Comission shall determine, publish and regularly review a policy in which it sets out the criteria by which to identify the marginalised areas for purposes of Article 204 (2).
(5) The Commission shall submit its recommendations to the Senate, the National Assembly, the national executive, county assemblies and county executives.