Skip to main content

Country Governments Act

Kenya_County.pdfLAWS OF KENYA
Published by the National Council for Law Reporting
[Rev. 2012] No. 17 of 2012
3 [Issue 1] 1. Short title and commencement. 2. Interpretation. 3. Object and purpose of the Act. 4. County symbols. 5. Functions of county governments. 6. Powers of county governments. 7. Membership of the county assembly. 8. Role of the county assembly. 9. Role of members of the county assembly. 10. County assembly party leaders. 11. Removal of speaker from office. 12. The county assembly service board. 13. Clerk and staff of the county assembly. 14. Procedure and committees of the county assembly. 15. Right to petition county assembly. 16. Freedom of speech and debate. 17. Powers, privileges and immunities of a county assembly. 18. Official languages of a county assembly. 19. Quorum. 20. Voting in a county assembly. 21. Procedure for the exercise of legislative powers. 22. Bill to have a title. 23. Publication of a Bill. 24. Assenting to a Bill. 25. Coming into force of a law. 26. Number and delimitation of electoral Wards, etc. 27. Recall of a county assembly member. 28. Petition for recall. 29. Recall elections. 30. Functions and responsibilities of a county governor. 31. Powers of the governor.
[Rev. 2012]County Governments
4
32. Functions of the deputy governor. 33. Removal of a governor. 34. Exercise of executive authority. 35. Appointment of county executive members. 36. Functions of the executive committee. 37. Role of executive committee in urban area or city planning. 38. Oath of office for the executive committee. 39. Accountability of members of the executive committee. 40. Removal of member of executive committee. 41. Meetings of the county executive committee. 42. County executive to remain in office after elections. 43. Representation of county government by Attorney-General in court. 44. Appointment of county secretary. 45. Appointment of county chief officers. 46. County executive committee to determine organisation of county. 47. Performance management plan. 48. Decentralized units. 49. Urban areas and cities structures. 50. Office of the sub-county administrator. 51. Establishment of the office of Ward administrator. 52. Establishment of the office of village administrator. 53. Village council. 54. Structures of decentralization. 55. Objectives. 56. County to have county public service. 57. Establishment of the County Public Service Board. 58. Composition of the County Public Service Board. 59. Functions and powers of a County Public Service Board. 60. Criteria for establishment of public offices, etc. 61. Criteria for abolition of public offices. 62. Powers of the County Public Service Board to establish or abolish office. 63. Powers of the County Public Service Board to make appointments. 64. No unqualified person may be appointed in acting capacity. 65. Matters to take into account during appointments, etc. 66. Advertisements of positions to be widely publicised. 67. Appointments to be in writing. 68. Board to maintain records of applicants. 69. Re-designation of officers. 70. Provisions on appointments to apply to promotions. 71. Confirmation of appointment on lapse of period. 72. Power to deploy public officers. 73. Secondments.
[Rev. 2012] No. 17 of 2012
5 [Issue 1] 74. County Public Service Board to regulate appointment of persons on contract. 75. Action on irregularity of process. 76. Prohibition of punishment contrary to the Constitution. 77. Appeals to the Public Service Commission. 78. Resignation, retirement, etc. 79. Grounds for retirement. 80. Prescription of retirement on age. 81. Retirement on the ground of ill health. 82. Retirement on grounds of abolition of office. 83. Retirement on grounds of public interest. 84. Retirement pursuant to agreement or special retirement scheme. 85. Entitlement to apply for review. 86. Delegation by County Public Service Board. 87. Principles of citizen participation in counties. 88. Citizens right to petition and challenge. 89. Duty to respond to citizens’ petitions or challenges. 90. Matters subject to local referenda. 91. Establishment of modalities and platforms for citizen participation. 92. Part to apply to decentralized units. 93. Principles of public communication. 94. Objectives of county communication. 95. County communication framework. 96. Access to information. 97. Inclusion and integration of 98. Principles of civic education. 99. Purpose and objectives of civic education. 100. Design and implementation of civic education. 101. Institutional framework for civic education. 102. Principles of planning and development facilitation. 103. Objectives of county planning. 104. Obligation to plan by the county. 105. Planning in the county. 106. Integrating national and county planning. 107. Types and purposes of county plans. 108. County integrated development plan. 109. County sectoral plans. 110. County spatial plans. 111. City or municipal plans. 112. Amending county integrated development plans.
[Rev. 2012]County Governments
6
113. Giving effect to the county integrated development plan. 114. Planning for nationally significant projects in a county. 115. Public participation in county planning. 116. Principles of public services delivery in the county. 117. Standards and norms for public service delivery. 118. Shared services. 119. Citizen’s Service Centre. 120. Tariffs and pricing of public services. 121. Support to county governments. 122. Grounds for suspension arising from conflict or war. 123. Suspension of county government in exceptional circumstances. 124. Prorogation of the county assembly. 125. Suspension of the county executive committee. 126. Establishment of the Interim County Management Board. 127. Functions of the Interim County Management Board. 128. Dissolution of the Interim County Management Board. 129. Termination of suspension. 130. County elections after suspension. 131. Financial provision. 132. Pension schemes. 133. Protection against personal liability. 134. Repeal of Cap. 265. 135. Regulations. 136. First sitting of the county assembly. 137. Facilitation of civic education. 138. Arrangements for public servants. FIRST SCHEDULE – OATHS OF OFFICE SECOND SCHEDULE – MATTERS TO BE PROVIDED FOR IN THE COUNTY
[Rev. 2012] No. 17 of 2012
7 [Issue 1] Date of assent: 24th July, 2012.] [Date of commencement: See Section 1.] An Act of Parliament to give effect to Chapter Eleven of the Constitution; to provide for county governments’ powers, functions and responsibilities wers, functions and responsibilities PART I – PRELIMINARY 1. Short title and commencement This Act may be cited as the County into operation upon the final announcement of the results of the first elections “analysis of functions” means processes of and mechanisms for, reviewing and reassigning powers angovernment and county governments in accordance with the provisions of the Constitution generally and in particular, the provisions of the Fourth Schedule means the body established under the law governing inter- includes an acting appointment, reappointment, promotion (a) the holder of the office of county chief officer in a county (b) in case of a department that is not assigned or under direct administration of a county chief officer, the head of that department; (c) any other public officer appointed by the County Public Service Board to be an authorized officer with respect to a specified public “Cabinet Secretary” means the Cabinet Secretary responsible for “code of conduct” means any written standard issued by a lawful authority to guide the conduct of any county public officer or category of
[Rev. 2012]County Governments
8
means powers given to a public authority in respect of a specific activity which is key to ensuring the provision of a public service and includes powers of planning, regulating, setting standards, constructing, financing, managing, monitoring and evaluating, sanctioning or intervening in “conditions of service” includes any criterion or circumstance or factor (a) appointment, secondment, deployment, promotion or discipline with (b) retention in employment as a public officer; or (c) remunerative, retirement and other benefits; means a county assembly established under Article “county assembly member” means a member elected or nominated in means a county chief officer appointed under “county executive committee” means a county executive committee means a published by the authority of the means the county government provided for under means an election of governor and “county public office” means an office in the county public service or an office in a public body but does not in“county public officer” means any person appointed by the county government and holding or acting in any county public office whether paid, unpaid, or on contractual or permanent terms but does not include a person “county public service” means the collectivity of all individuals performing functions within any department of the county government or its agency, but does not include the governor, deputy governor, members of the means a person nominated by the governor in means the imposition of any punishment against a
[Rev. 2012] No. 17 of 2012
9 [Issue 1] “GIS based database system” means a geographical information management system that integrates hardware, software and data for capturing, managing, analyzing and displaying forms of geographically means a county governor elected in accordance with Article “input indicator” means an indicator that measures the costs, resources “marginalised group” has the meaning assigned to it by Article 260 of when used with reference to a person who is a candidate for (a) the abilities, qualifications and personal qualities required to satisfy any prescribed criteria for appointments in the county public service, (b) the person’s potential for development; “outcome indicator” means an indicator that measures the quality or means an indicator that measures the results of activities, processes and strategies of programmes or projects of a county means the conferment upon a person in the county public service of an office to which is attached a higher salary or salary scale than “public officer” has the meaning assigned to it in Article 260 of the “qualification” means any prescribed factor of eligibility or ineligibility office at a grade equal to or substantially equal to the one previously held by al mobility characterized with change in means the removal of an officer from the public service with benefits, gratuity or such other terminal benefits as may be provided for in the applicable law or the contract of service or a special retirement scheme agreed upon between the public “Salaries and Remuneration Commission” means the Salaries and hed under Article 230(1) of the means a temporary leave from discharging the duties of a county public office with a view of the concerned county public officer being
[Rev. 2012]County Governments
10
(a) the centralisation at a county or other level of those administrative functions of a county that could be performed by different units including matters such as supply chain management, human resource management, information technology, purchasing, (b) partnerships between counties, a county or counties and national government and public private partnerships to deliver a specified set means the speaker of a county assembly elected under Article “the public”, when used in relation to public participation in this Act, means— (a) the residents of a particular county; (b) the rate payers of a particular city or municipality; (c) any resident civic organisation or non-governmental, private sector or labour organization with an interest in the governance of a (d) non-resident persons who because of their temporary presence in a particular county, city or municipality make use of services or “urban area” means an area designated as such under the Urban Areas and Cities Act (No. 13 of 2011) as contemplated in Article 184 of the means an electoral unit within a constituency delimited in means a county assembly member representing a (a) provide for matters necessary or convenient to give effect to Chapter Eleven of the Constitution pursuant to Article 200 of the (b) give effect to the objects and principles of devolution as set out in (c) give effect to Article 176(2) of the Constitution in respect of further (d) provide for the removal from office of the speaker of the county (e) provide for the powers, privileges and immunities of county assemblies, their committees and members under Article 196 of the
[Rev. 2012] No. 17 of 2012
11 [Issue 1] (f) provide for public participation in the conduct of the activities of the (g) seek to ensure that the community and cultural diversity of a county is reflected in its county assembly and county executive committee (h) prescribe mechanisms to protect minorities within counties pursuant (i) prescribe additional requirements in respect of the publication of (j) provide, pursuant to Article 200 of the Constitution, for— (i) the manner of nomination or appointment of persons to, and their removal from, offices in county governments, including (ii) the procedure of assemblies and executive committees including the chairing and frequency of meetings, quorums (iii) the suspension of assemblies and executive committees; (k) prescribe, pursuant to Article 235 of the Constitution, uniform norms (i) establishing and abolishing offices in the county public service; (ii) appointing persons to hold or act in those offices, and (iii) exercising disciplinary control over and removing persons (l) provide for the promotion, evaluation and reporting on the compliance by county public officers with the values and principles 4. County symbols (1) Every county shall enact legislati (a) the county flag; (b) county coat of arms; and (c) the county public seal. (2) The County Executive shall develop the symbols of the county through a (3) The county legislation enacted under subsection (1) shall provide for the use of the county symbols in the same manner as provided for in the National (4) A county symbol shall not be the same as, or bear a likeness or similarity
[Rev. 2012]County Governments
12
5. Functions of county governments (1) A county government shall be responsible for any function assigned to it (2) Without prejudice to the generality of subsection (1), a county government (a) county legislation in accordance with Article 185 of the Constitution; (b) exercising executive functions in accordance with Article 183 of the (c) functions provided for in Article 186 and assigned in the Fourth (d) any other function that may be transferred to county governments (e) any functions agreed upon with other county governments under (f) establishment and staffing of its public service as contemplated (3) A county government may seek assistance from the Kenya Law Reform Commission in the development or reform of county legislation under subsection (1) As an entity exercising constitutional authority, a county government shall be a body corporate with perpetual succession and shall have all the powers (2) Without prejudice to the generality of subsection (1), a county government (a) enter into a contract; (b) acquire, purchase or lease any land; or (c) delegate any of its functions to its officers, decentralised units or (3) A county government may enter into partnerships with any public or private organization in accordance with the provisions of any law relating to public or private partnerships for any work, service or function for which it is (4) All contracts lawfully entered into under this section shall be valid and (5) To ensure efficiency in the delivery of service or carrying out of a function (a) establish a company, firm or other body for the delivery of a (b) contract any person, company, firm or other body for the delivery of
[Rev. 2012] No. 17 of 2012
13 [Issue 1] (6) In exercising its powers or performing any of its functions a county government shall ensure efficiency, effectiveness, inclusivity and participation of (1) In addition to the members who nominated under Article 177(b) of the Constitution, a county assembly shall (a) six nominated members as contemplated in Article 177(c) of the (b) the speaker, who is an ex officio member elected in accordance with (2) The political party nominating persons under subsection (1) shall ensure (a) community and cultural diversity of the county is reflected in the (b) there is adequate representation to protect minorities within the (3) The number of members nominated under subsection (1)(a) shall be reviewed to accord with the number of Wards determined by the Independent (a) vet and approve nominees for appointment to county public offices (b) perform the roles set out under Article 185 of the Constitution; (c) approve the budget and expenditure of the county government in accordance with Article 207 of the Constitution, and the legislation contemplated in Article 220(2) of the Constitution, guided by Articles (d) approve the borrowing by the county government in accordance with (e) approve county development planning; and (f) perform any other role as may be set out under the Constitution or (2) If a county assembly fails to enact any particular legislation required to give further effect to any provision of this Act, a corresponding national legislation, if any, shall with necessary modifications apply to the matter in
[Rev. 2012]County Governments
14
(a) maintain close contact with the electorate and consult them on (b) present views, opinions and proposals of the electorate to the (c) attend sessions of the county assembly and its committees; (d) provide a linkage between the county assembly and the electorate (e) extend professional knowledge, experience or specialised (2) A member of the county assembly shall not be directly or indirectly (a) executive functions of the c (b) delivery of services as if the member were an officer or employee of (3) Members of a county assembly shall be sworn in by the county assembly clerk within fourteen days, after the announcement of the final results of an (4) At any time in the absence of the speaker of the county assembly or in matters that directly affect the speaker, the county assembly shall elect a member to act as speaker as contemplated under Article 178(2)(b) of the (5) Unless otherwise removed, the first member elected under subsection (4), shall, in the absence of the Speaker, preside over the sittings of the assembly for (1) There shall be in each county assembly a leader of the majority party and (2) The leader of the majority party shall be the person who is the leader of (3) The leader of the minority party shall be the person who is the leader of (a) the speaker of the county assembly; (b) the leader of the majority party; and (c) the leader of the minority party. (1) A speaker of a county assembly may be removed from office by the county assembly through a resolution supported by not less than seventy five
[Rev. 2012] No. 17 of 2012
15 [Issue 1] (2) A notice of the intention to move a motion for a resolution to remove the speaker shall be given in writing to the clerk of the county assembly, signed by at least one third of all the members of the county assembly stating the grounds for (3) A motion for a resolution to remove the speaker shall be presided over by (4) Before the debate and voting on a motion under subsection (3), the speaker shall be accorded an opportunity to respond to the allegations on the (1) There shall be a county assembly service board for each county (2) The county assembly service board shall be a body corporate with (a) the Speaker of the county assembly as the chairperson; (b) the leader of the majority party or a member of the county assembly (c) the leader of the minority party or a member of the county assembly (d) one person resident in the county, appointed by the county assembly from among persons who have knowledge and experience in public affairs, but who is not a member of the county (4) The county assembly clerk shall be the secretary to the county assembly (a) if the person is a member of the county assembly— (i) at the end of the term of the county assembly; or (ii) if the person ceases to be a member of the county assembly; (b) if the person is an appointed member, on revocation of the person’s (c) if the person is the Speaker, leader of majority party or leader of minority party when the person ceases to be such Speaker, leader (6) Despite subsection (5), when the term of the county assembly ends, a member of the county assembly service board under subsection (3)(d) shall continue in office until a new member has assumed office in the member’s place (a) providing services and facilities to ensure the efficient and effective
[Rev. 2012]County Governments
16
(b) constituting offices in the county assembly service, and appointing (c) preparing annual estimates of expenditure of the county assembly service and submitting them to the county assembly for approval, (d) undertaking, singly or jointly with other relevant organizations, (e) performing other functions— (i) necessary for the well-being of the members and staff of the (ii) prescribed by national legislation. (1) There shall be a clerk of the county assembly, appointed by the county (2) A person shall not be qualified for appointment as a clerk of the county (a) is a citizen of Kenya; (b) holds a degree from a university recognised in Kenya or its (c) has had at least five years relevant professional experience; (d) meets the requirements of leadership and integrity set out in (3) The functions and powers of a Clerk of Parliament shall with necessary (4) For the purposes of this Act, the clerk of a county assembly is an (5) The office of the clerk of the county assembly and the offices of members of the staff of the clerk of the county assembly shall be offices in the county (6) The remuneration of the clerk and staff of the county assembly shall be determined by the county assembly service board upon the advice of the (a) may make standing orders consistent with the Constitution and this Act regulating the procedure of the county assembly including, in (b) subject to standing orders made under paragraph (a), may establish committees in such manner and for such general or special purposes as it considers fit, and regulate the procedure of any
[Rev. 2012] No. 17 of 2012
17 [Issue 1] (a) there being a vacancy in its membership at the particular time; or (b) the presence or participation at the particular time of a person not entitled to be present at, or to participate in, the proceedings of the (a) the appointment shall be considered first by a committee of the (b) the committee’s recommendation shall be tabled before the county (c) the proceedings of the committee and the county assembly shall be (4) The county assembly shall in establishing committees under this section ensure that each member of the county assembly is appointed to at least one (5) A county assembly may jointly with another county assembly, establish (6) If a county assembly establishes a joint committee with another county assembly, the election of members and regulation of the conduct of the business (7) Until a county assembly makes its standing orders under subsection (1), the standing orders of the National Assembly shall, with the necessary (8) Without limiting the generality of subsection (1), the Standing Orders made under this section shall provide for the matters specified in the Second (1) A person has a right to petition a county assembly to consider any matter within its authority, including enacting, amending or repealing any of its (2) Each county assembly shall prescribe a procedure for exercising the right No civil or criminal proceedings may be instituted in any court or tribunal against a member of a county assembly by reason of any matter said in any The national law regulating the powers and privileges of Parliament shall, with
[Rev. 2012]County Governments
18
(1) The official languages of a county assembly shall be Kiswahili, English and Kenyan sign language and the business of the county assembly may be (2) No business of the county assembly or any of its committees or other organs may be conducted or transacted in a language other than the official (3) In case of a conflict between different language versions of a county (4) The verbatim report of the proceedings of a county assembly shall be The quorum of a county assembly is one third of all the members of the (1) Except as otherwise provided in the Constitution, in this Act or in other legislation, any question proposed for decision by the county assembly shall be determined by a majority of the members of the county assembly present and (a) the speaker of the county assembly has no vote; and (b) in the case of a tie, the question is lost. (a) at all times observe the principles of integrity including those set out (b) promptly declare to the speaker any interest that the member has in (4) A member of a county assembly shall not vote on any question in which (1) A county assembly shall exercise its legislative power through Bills (2) A Bill may be introduced by any member or committee of the county assembly, but a money Bill may be introduced only in accordance with (3) In the case of a money Bill, the county assembly may proceed only in accordance with the recommendation of the relevant committee of the county assembly after taking into account the views of the county executive committee
[Rev. 2012] No. 17 of 2012
19 [Issue 1] (4) For the purposes of this Act, means a Bill that contains (a) taxes; (b) the imposition of charges on a public fund or the variation or repeal (c) the appropriation, receipt, custody, investment or issue of public money; (d) the raising or guaranteeing of any loan or its repayment; or (e) matters incidental to any of those matters. A Bill introduced in the county assembly shall be identified by a title placed at the beginning of the Bill and the title shall include the subject matter of the statute A Bill shall be published by including the Bill as a supplement in the county (1) The Speaker shall, within fourteen days, forward a Bill passed by the (a) assent to the Bill; or (b) refer the bill back to the county assembly with a memorandum (3) If the governor refers a Bill back to the county assembly, the county (a) amend the Bill taking into account the issues raised by the governor; (b) pass the Bill without amendment. (4) If a county assembly amends the Bill taking into consideration the issues raised by the governor, the speaker shall within fourteen days submit the Bill to (5) If a county assembly passes the Bill a second time, without amendment, or with amendments which do not accommodate the governor’s concerns by a vote supported by two-thirds of members of the county assembly, the speaker shall within seven days re-submit the Bill to the governor and the governor shall (6) If the governor does not assent to a Bill or refer it back within the period referred to under this section, the Bill shall be taken to have been assented to on
[Rev. 2012]County Governments
20
(1) A legislation passed by the county assembly and assented to by the governor shall be published in the county and Kenya within (2) Subject to subsection (3), the county assembly legislation shall come into force on the fourteenth day after its publication in the county and Kenya , whichever comes earlier, unless the legislation stipulates a different (3) A county assembly legislation that confers a direct benefit whether financial or in kind on members of the county assembly shall come into force (4) Subsection (3) does not apply to an interest that members of county (1) There shall be not more than one thousand four hundred and fifty (2) For purposes of the first general elections under the Constitution, the Independent Electoral and Boundaries Commission (in this Part referred to as the “Commission”) shall ensure that each county comprises at least fifteen Wards. (3) The Commission shall review the names and boundaries of Wards at intervals of not less than eight years, and not more than twelve years, but any (a) ensure that no county shall comprise less than twenty-five Wards; (b) be completed at least twelve months before a general election of (4) The requirements under subsection (3) above shall not apply to the (5) If a general election is to be held within twelve months after the completion of a review by the Commission, the new boundaries shall take effect in the Ward is, as nearly as possible, equal to the population quota, but the number of inhabitants of a Ward may be more or less than the population quota (a) geographical features and urban centres; (b) community of interest, historical, economic and cultural ties; and (c) means of communication.
[Rev. 2012] No. 17 of 2012
21 [Issue 1] (7) The number of inhabitants of a Ward may be more or less than the (a) forty per cent for cities and sparsely populated areas; or (b) thirty per cent for the other areas. (a) consult all interested parties; and (b) progressively work towards ensuring that the number of inhabitants in each constituency and Ward is, as nearly as possible, equal to (1) The electorate in a county ward may recall their member of the county assembly before the end of the term of the member on any of the grounds (a) is found, after due process of the law, to have violated the (b) is found, after due process of the law, to have mismanaged public (c) is convicted of an offence under(3) A recall of a member of the county assembly under subsection (1) shall only be initiated upon a judgment or finding by the High Court confirming the (4) A recall under subsection (1) shall only be initiated twenty-four months after the election of the member of the county assembly and not later than twelve (5) A recall petition shall not be filed against a member of the county assembly more than once during the term of that member in the county (6) A person who unsuccessfully contested an election under the Elections Act (No. 24 of 2011) shall not be eligible, directly or indirectly, to initiate a petition with the Independent Electoral and Boundaries Commission and which shall (a) in writing; (b) signed by a petitioner who— (i) is a voter in the Ward in respect of which the recall is sought;
[Rev. 2012]County Governments
22
(ii) was registered to vote in the election in respect of which the (c) accompanied by an order of the High Court issued in terms of (a) specify the grounds for the recall as specified under section 27(2); (b) contain a list of such number of names of voters in the Ward which shall represent at least thirty percent of the registered voters in that (c) be accompanied by the fee prescribed for an election petition. (3) The list of names referred to in subsection (2)(b) shall contain the names, address, voter card number, national identity card or passport number and (4) The voters supporting a petition under subsection (3) shall represent the (5) The petitioner shall collect and submit to the Commission the list of names under subsection (2)(b) within a period of thirty days after filing the of names within a period of thirty days (7) The Commission, if satisfied that the requirements of this section are met, shall within fifteen days after the verification, issue a notice of the recall to the (8) The Commission shall conduct a recall election within the Ward within (1) Where a member of the county assembly is to be recalled under section 27, the Independent Electoral and Boundaries Commission shall frame the (2) A question referred to in subsection (1) shall be framed in such a manner (3) The Commission shall assign a symbol for each answer to the recall (5) A recall election shall be decided by a simple majority of the voters voting (6) Where a recall election results in the removal of a member of the county (7) A member of the county assembly who has been recalled may run in the
[Rev. 2012] No. 17 of 2012
23 [Issue 1] (1) The governor shall take and subscribe to the oath or affirmation as set out (a) diligently execute the functions and exercise the authority provided (b) perform such State functions within the county as the President may (c) represent the county in national (d) appoint, with the approval of the county assembly, the county executive committee in accordance with Article 179(2)(b) of the (e) constitute the county executive committee portfolio structure to respond to the functions and competencies assigned to and (f) submit the county plans and policies to the county assembly for (g) consider, approve and assent to bills passed by the county (h) chair meetings of the county executive committee; (i) by a decision notified in the county , assign to every member of the county executive committee, responsibility to ensure the discharge of any function within the county and the provision of (j) submit to the county assembly an annual report on the (k) deliver annual state of the county address containing such matters (l) sign and cause to be published in the county , notice of all important formal decisions made by the governor or by the county (a) provide leadership in the (b) provide leadership to the county executive committee and (c) promote democracy, good governance, unity and cohesion within (d) promote peace and order within the county; (e) promote the competitiveness of the county; (f) be accountable for the management and use of the county
[Rev. 2012]County Governments
24
(g) promote and facilitate citizen participation in the development of (a) may, despite section 40, dismiss a county executive committee member at any time, if the governor considers that it is appropriate (b) shall dismiss a county executive committee member, if required to do so by a resolution of the county assembly as provided under (c) may appoint an accounting offi (d) shall have such powers as may be necessary for the execution of (1) The deputy governor shall take and subscribe to the oath or affirmation as (2) The deputy governor shall deputize for the governor in the execution of (3) The governor may assign the deputy governor any other responsibility or the deputy governor shall not exercise any powers of the governor, to nominate, appoint or dismiss, that are assigned to the governor under the Constitution or (5) The governor shall not delegate to the deputy governor any of the (1) A member of the county assembly may by notice to the speaker, supported by at least a third of all the members, move a motion for the removal (2) If a motion under subsection (1) is supported by at least two-thirds of all (a) the speaker of the county assembly shall inform the Speaker of the (b) the governor shall continue to perform the functions of the office (3) Within seven days after receiving notice of a resolution from the speaker (a) the Speaker of the Senate shall convene a meeting of the Senate to
[Rev. 2012] No. 17 of 2012
25 [Issue 1] (b) the Senate, by resolution, may appoint a special committee (a) investigate the matter; and (b) report to the Senate within ten days on whether it finds the particulars of the allegations against the governor to have been (5) The governor shall have the right to appear and be represented before (6) If the special committee reports that the particulars of any allegation (a) have not been substantiated, further proceedings shall not be taken (b) have been substantiated, the Senate shall, after according the governor an opportunity to be heard, vote on the impeachment (7) If a majority of all the members of the Senate vote to uphold any (8) If a vote in the Senate fails to result in the removal of the governor, the Speaker of the Senate shall notify the speaker of the concerned county assembly accordingly and the motion by the assembly for the removal of the governor on the same charges may only be re-introduced to the Senate on the expiry of three (9) The procedure for the removal of the President on grounds of incapacity under Article 144 of the Constitution shall apply, with necessary modifications, to (10) A vacancy in the office of the governor or deputy governor arising under this section shall be filled in the manner provided for by Article 182 of the (a) in accordance with the Constitution and relevant national and county (b) for the well-being and benefit of the people; (c) taking into account the objects and principles of devolution of (d) while enhancing self-governance for communities in the (e) while ensuring the protection and promotion of the interests and (f) while promoting gender equity; (g) while promoting social and economic development within the
[Rev. 2012]County Governments
26
(h) while ensuring equitable sharing of available resources throughout (1) The governor shall, when nominating members of the executive (a) ensure that to the fullest extent possible, the composition of the executive committee reflects the community and cultural diversity of (b) take into account the principles of affirmative action as provided for (2) The county assembly shall not approve nominations for appointment to (a) not more than two thirds of either gender; (b) representation of the minorities, marginalized groups and (c) community and cultural diversity within the county. (3) A person may be appointed as a member of the county executive (a) is a Kenyan citizen; (b) is a holder of at least a first degree from a university recognised in (c) satisfies the requirements of C (d) has knowledge, experience and a distinguished career of not less than five years in the field relevant to the portfolio of the department (4) A member of the county executive committee shall not hold any other (1) In addition to the functions provided under Article 183 of the Constitution, (a) supervise the administration and delivery of services in the county (b) perform any other functions conferred on it by the Constitution or (c) carry out any function incidental to any of the assigned functions. (2) In the performance of its functions, a county executive committee shall have power to determine its own programme of activities and every member of the committee shall observe integrity and disclosure of interest in any matter
[Rev. 2012] No. 17 of 2012
27 [Issue 1] (a) monitor the process of planning, formulation and adoption of the integrated development plan by a city or municipality within the (b) assist a city or municipality with the planning, formulation, adoption (c) facilitate the coordination and alignment of integrated development plans of different cities or municipalities within the county and with the plans, strategies and programmes of national and county (d) take appropriate steps to resolve any disputes or differences in connection with the planning, formulation, adoption or review of an A person appointed as a member of Article 179 of the Constitution shall take the prescribed oath or affirmation of (1) The members of the county executive committee are individually and collectively accountable to the governor in the exercise of their powers and (2) A committee of the county assembly may require a member of the (a) attend or appear before the committee; and (b) answer any question relating to the member’s responsibilities. (1) Subject to subsection (2), the Governor may remove a member of the (a) incompetence; (b) abuse of office; (c) gross misconduct; (d) failure, without reasonable excuse, or written authority of the governor, to attend three consecutive meetings of the county (e) physical or mental incapacity rendering the executive committee (f) gross violation of the Constitution or any other law. (2) A member of the county assembly, supported by at least one-third of all the members of the county assemblygovernor to dismiss a county executive committee member on any of the
[Rev. 2012]County Governments
28
(3) If a motion under subsection (2) is supported by at least one-third of the (a) the county assembly shall appoint a select committee comprising (b) the select committee shall report, within ten days, to the county assembly whether it finds the allegations against the county (4) The county executive committee member has the right to appear and be (a) unsubstantiated, no further proceedings shall be taken; or (b) substantiated, the county assembly shall vote whether to approve the resolution requiring the county executive committee member to (6) If a resolution under subsection (5)(b) is supported by a majority of the (a) the speaker of the county assembly shall promptly deliver the (b) the governor shall dismiss t(1) The deliberations of all meetings of the county executive committee shall (2) The quorum of a meeting of a county executive committee shall be more (3) A resolution of the county executive committee shall be by a majority of (4) A resolution arrived at pursuant to subsection (2) shall be accessible to (1) When a general election is held county executive committee shall remain in office until a new county executive (2) The constitution of a new executive committee after an election under subsection (1) shall be finalized within twenty-one days of the swearing in of the 43. Representation of county government by Attorney-General in court A county government may, pursuant to Article 156(4) of the Constitution request the Attorney-General to represent the county government in court or in any other legal proceedings to which the county government is a party other than
[Rev. 2012] No. 17 of 2012
29 [Issue 1] (1) There is established for each county the office of the county secretary (a) shall be competitively sourced from amongst persons who are university graduates with at least ten years experience in (b) shall be nominated from persons competitively sourced under paragraph (a) by the governor and, with the approval of the county (c) may, subject to the conditions and terms of appointment, be (a) be the head of the county public service; (b) be responsible for arranging the business, and keeping the minutes, of the county executive committee subject to the directions of the (c) convey the decisions of the county executive committee to the (d) perform any other functions as directed by the county executive (4) The county secretary may resign from office by giving thirty days written (a) nominate qualified and experienced county chief officers from among persons competitively sourced and recommended by the (b) with the approval of the county assembly, appoint county chief (2) The office of a county chief officer shall be an office in the county public (3) A county chief officer shall be responsible to the respective county executive committee member for the administration of a county department as (4) The county chief officer shall be the authorized officer in respect of (6) A county chief officer may resign from office by giving notice, in writing, to
[Rev. 2012]County Governments
30
determine organisation of county (1) The county executive committee shall determine the organization of the (a) establish, continue or vary any department, and determine the (b) determine the number and nature of departments at the (c) abolish any department; and (d) determine or change the name of any department. (2) When establishing and organizing (a) be responsive to the needs of (b) facilitate a culture of public service and accountability in the county (c) be performance oriented and focused on the objects of devolved (d) ensure that the county departments align their roles and responsibilities with the priorities and objectives set out in the (e) organise its departments and other structures in a flexible way in (f) assign clear responsibilities for the management and coordination of (g) allow participatory decision making as far as is practicable; and (h) provide an equitable, fair, open and non-discriminatory working 47. Performance management plan (1) The county executive committee sh (a) objective, measurable and time bound performance indicators; (b) linkage to mandates; (c) annual performance reports; (d) citizen participation in the evaluation of the performance of county (e) public sharing of performance progress reports. (3) The governor shall submit the annual performance reports of the county (4) The performance management plan and reports under this section shall
[Rev. 2012] No. 17 of 2012
31 [Issue 1] (1) Subject to subsection (3), the functions and provision of services of each (a) the urban areas and cities within the county established in (b) the sub-counties equivalent to the constituencies within the county (c) the Wards within the county established under Article 89 of the (d) such number of village units in each county as may be determined (e) such other or further units as a county government may determine. (2) If the constituency or part of a constituency falls under urban areas or cities, that constituency or part of the constituency, as the case may be, shall be (3) In establishing a village unit under subsection (1)(d), a county assembly (a) population size; (b) geographical features; (c) community of interest, historical, economic and cultural ties; and (d) means of communication. (4) A county assembly shall enact legislation to provide for the delineation (5) Nothing in this Part may be construed as precluding the county government, through county legislation, from adjusting the units created under subsection (1) for purposes of further decThe structures and functions of urban areas and cities shall be as is provided (1) There shall be established at the level of each sub-county the office of the (2) The sub-county administrator shall have qualifications and knowledge in administration or management and shall be competitively appointed by the
[Rev. 2012]County Governments
32
(3) The sub-county administrator shamanagement and supervision of the general administrative functions in the sub- (a) the development of policies and plans; (b) service delivery; (c) developmental activities to empower the community; (d) the provision and maintenance of infrastructure and facilities of (e) the county public service; (f) exercise any functions and powers delegated by the County Public (g) facilitation and coordination of citizen participation in the (4) In carrying out the functions and obligations in subsection (3), the sub-(1) There is established for each Ward in a county the office of the Ward (2) The Ward administrator shall have professional qualifications and (3) The Ward administrator shall coordinate, manage and supervise the (a) the development of policies and plans; (b) service delivery; (c) developmental activities to empower the community; (d) the provision and maintenance of infrastructure and facilities of (e) the county public service; (f) exercise any functions and powers delegated by the County Public (g) coordination and facilitation of citizen participation in the (4) In carrying out the functions and obligations in subsection (3), the Ward (1) There is established the office of village administrator for each village unit (2) A village administrator shall have professional qualifications and technical knowledge in administration and shall be appointed by the County Public Service
[Rev. 2012] No. 17 of 2012
33 [Issue 1] (3) A village administrator shall coordinate, manage and supervise the (a) pursuant to paragraph 14 of Part II of the Fourth Schedule to the (i) ensuring and coordinating the participation of the village unit in (ii) assisting the village unit to develop the administrative capacity for the effective exercise of the functions and powers and (b) the exercise of any functions and powers delegated by the County (4) In carrying out the functions and obligations in subsection (3), a village (a) the village administrator who shall be the chairperson of the village (b) not less than three and not more than five village elders competitively appointed by the village administrator with the approval of the county assembly, taking into account gender (a) ensuring and coordinating the participation of the village unit in (b) assisting the village unit to develop the administrative capacity for the effective exercise of the functions and powers and participation (c) monitoring the implementation of policies at the village unit; (d) advising the ward administrator and sub-county administrator on (e) any other function necessary for the better administration of the (3) A person shall be eligible for appointment as a village elder if the (a) is a citizen of Kenya; (b) has been a resident of or has been the owner of property in the respective village unit for a continuous period of not less than five (c) meets the requirements of Chapter Six of the Constitution; and (d) is not disqualified for appointment to office by this Act or any other (4) A village elder shall be paid such allowance as shall be determined by the
[Rev. 2012]County Governments
34
(1) There shall be such further structures of decentralization as may be (2) There is established for every county a forum to be known as the county intergovernmental forum which shall be chaired by the governor or in his absence, the deputy governor, or in the absence of both, a member of the county (a) the heads of all departments of the national government rendering (b) the county executive committee members or their nominees (4) The intergovernmental forum shall, pursuant to the Fourth Schedule (a) harmonization of services rendered in the county; (b) coordination of development (c) coordination of intergovernmental functions; and (d) such other functions as may be provided for by or under any law. (5) The governor shall chair such other committee or other forum as may be established at the county level pursuant to Articles 6(2), 189(2) and 239(5) of the (6) The governor shall receive regular briefings from county security committee referred to under section 41(1)(d) of the National Police Service Act, (a) provide for evaluation and reporting on the extent to which the values and principles referred to in Articles 10 and 232 of the (b) provide for the organization, staffing and functioning of the county public service in ways that ensure efficient, quality and productive (c) provide for institutions, systems and mechanisms for human resource utilization and development in a manner that best (d) provide a framework of uniform norms and standards to be applied (i) establishment and abolition of offices in the county public (ii) appointment of persons to hold or act in those offices; (iii) confirming appointments; or
[Rev. 2012] No. 17 of 2012
35 [Issue 1] (iv) exercising disciplinary control over and removal of persons (e) provide for the promotion of the values and principles set out in (f) provide for human resource management and career development (g) address staff shortages and barriers to staff mobility between (h) provide for standards to promote ethical conduct and (i) provide for the establishment of County Public Service Boards; and (j) make further provisions relating to appeals in respect of county (1) Each county shall, in accordance with Article 235 of the Constitution, have (2) The county public service shall be headed by a county secretary (3) For purposes of subsection (1), the designation county public officer shall 57. Establishment of the County Public Service Board There is established a County Public Service Board in each County, which (a) a body corporate with perpetual succession and a seal; and (b) capable of suing and being (a) a chairperson nominated and appointed by the county governor with (b) not less than three but not more than five other members nominated and appointed by the county governor, with the approval of the (c) a certified public secretary of good professional standing nominated and appointed by the governor, with the approval of the county (2) The appointment of the members of the Board shall be through a (3) A person shall be qualified to be appointed as a member under (a) satisfies the provisions of Chapter Six of the Constitution; (b) is not a state or public officer;
[Rev. 2012]County Governments
36
(c) in the case of chairperson or vice-chairperson, possesses a minimum qualification of a bachelor’s degree from a recognised (d) in the case of any other members— (i) possesses a minimum of a bachelor’s degree from a recognised university and working experience of not less than (ii) is a professional, demonstrates absence of breach of the (a) hold office for a non-renewable term of six years; and (b) may serve on a part-time basis. (a) on grounds set out for the removal of members of a constitutional (b) by a vote of not less than seventy five percent of all the members of (1) The functions of the County Public Service Board shall be, on behalf of (a) establish and abolish offices in the county public service; (b) appoint persons to hold or act in offices of the county public service including in the Boards of cities and urban areas within the county (c) exercise disciplinary control over, and remove, persons holding or (d) prepare regular reports for submission to the county assembly on (e) promote in the county public service the values and principles (f) evaluate and report to the county assembly on the extent to which the values and principles referred to in Articles 10 and 232 are (g) facilitate the development of coherent, integrated human resource (h) advise the county government on human resource management and (i) advise county government on implementation and monitoring of the
[Rev. 2012] No. 17 of 2012
37 [Issue 1] (j) make recommendations to the Salaries and Remuneration Commission, on behalf of the county government, on the remuneration, pensions and gratuities for county public service (2) In appointing a person as a secretary to a board of a city or an urban area under subsection (1)(a), the County Public Service Board shall ensure that such (3) The reports under subsection (1)(d) shall contain the details of persons appointed including gender, persons with disabilities, persons from the minority (4) In the performance of its functions under subsection (1)(e), the County (a) inform and educate county public officers and the public about the (b) recommend to the county government effective measures to (c) assist county government in the formulation and implementation of programmes intended to inculcate in public officers the duty to (d) advise the county governments on their obligations under international treaties and conventions on good governance in the (e) visit any county public office or body with a view to assessing and (f) investigate, on its own initiative or upon a complaint made by any person or group of persons, the violation of any values and (g) recommend to the relevant lawful authority, any necessary action in view of the violation of the values and principles by any person or (h) cooperate with other institutions working in the field of good (i) perform any other functions as the Board considers necessary for (5) The report by the County Public (a) be delivered each December to the county assembly; (b) include all the steps take (c) include specific recommendations that require to be implemented in (d) include specific decisions on particulars of persons or public body who have violated the values and principles, including action taken (e) include any impediment in the promotion of the values and
[Rev. 2012]County Governments
38
(f) include the programmes the board is undertaking or has planned to undertake in the medium term towards the promotion of the values (6) The Board shall publish a report required under this section in the county not later than seven days after the report has been delivered to the (1) The County Public Service Board shall establish a public office within the (a) the establishment of the public office shall serve public interest in (b) there exists no other public office in the county public service discharging or capable of discharging the duties for which the (c) upon the establishment of the office, the office shall be vacant to be filled competitively and transparently in accordance with the (d) the establishment of the office including its level of grading, qualification and remuneration shall in the county public service or o (e) the establishment of the office shall not confer unfair advantage to a (f) the county government entity has prudently utilized offices (g) funding for the office to be established is duly provided for. (2) In determining the provision of funding under subsection (1)(g), the County Public Service Board shall take due regard to the need to limit the component of personnel emoluments to a level that does not adversely affect (3) A written request for establishment of an office complying with the conditions in this section shall be submitted to the Board by the concerned head (4) In deciding whether or not to establish a public office (a) the overall workload in the county public service concerned; and (b) the suitability of that department but not any other to be the domicile (1) The County Public Service Board shall abolish a public office when it is (a) the abolition of the public office shall serve the public interest in view
[Rev. 2012] No. 17 of 2012
39 [Issue 1] (b) there exists another public office in the county public service discharging or capable of discharging the duties of the office which (c) the abolition of the office in view of its level is necessary so as to— (i) eliminate unfair competition for staff among county public (ii) to promote parity of treatment among officers of similar qualifications holding public offices with the same (d) the abolition of the office shall not confer unfair advantage to a (e) the county government or office has been reorganized or abolished. (3) Any decision by the County Public Service Board to abolish an office in the county public service shall be subject to the due process of removing or retiring the affected public officer including adherence to the principles of natural 62. Powers of the County Public Service Board to establish or abolish (1) Taking into account the provisions of this Part, the County Public Service Board on its own motion, may establish or abolish any office in the county public (2) If the Board intends to establish or abolish an office it shall submit its proposal to the county assembly for approval through the county executive (3) The County Public Service Board shall give the county chief officer of the concerned department an opportunity to make representation in respect of any (4) If the County Public Service Board establishes an office and the concerned department fails to fill the vacancy for a period of twelve months after its establishment, the office shall stand abolished and the County Public Service (1) Except as provided for in the Constitution or legislation, the County Public Service Board has the power to make appointments including promotions in (2) The power of the County Public Service Board under subsection (1) shall (a) at the request of the relevant county chief officer of the department (b) at the request of the clerk of the county assembly; or (c) on the County Public Service Board’s own motion on account of best interest of the county public service and parity of treatment of
[Rev. 2012]County Governments
40
(1) A person shall not be appointed to hold a public office in an acting capacity unless the person satisfies all the prescribed qualifications for holding (2) Acting appointments shall be made only by the lawful appointing authority (a) delegating a duty for which the law does not prohibit delegation; or (b) deploying another officer to perform duties vested in another office (a) be made by an officer who is qualified and competent to perform the (b) not undermine the expeditious appointment or deployment of a (5) If it comes to the attention of the County Public Service Board that a public officer has purportedly made an deployment as the case may be, contrary to the provisions of this section, the 65. Matters to take into account during appointments, etc. (1) In selecting candidates for appointment, the County Public Service Board (a) the standards, values and principles set out in Articles 10, 27(4), (b) the prescribed qualifications for holding or acting in the office; (c) the experience and achievements attained by the candidate; (d) the conduct of the candidate in view of any relevant code of (e) the need to ensure that at least thirty percent of the vacant posts at entry level are filled by candidates who are not from the dominant (f) the need for open and transparent recruitment of public servants; (g) individual performance. (2) In determining whether an appointment, promotion or re-designation has been undertaken in a fair and transparent manner, the overriding factors shall be If a public office is to be filled, the County Public Service Board shall invite applications through advertisement and other modes of communication so as to reach as wide a population of potential applicants as possible and especially
[Rev. 2012] No. 17 of 2012
41 [Issue 1] No appointment or assignment of a duty in a county public service shall be County Public Service Board shall, for a specified period, maintain a record of all applications received in response to advertisements inviting applications and such record may be inspected by any (1) In selecting public officers for re-designation, the criteria for appointment (2) A public officer shall not be re-designated to hold or act in a public office (a) the office is not vacant; (b) the public officer does not meet all the qualifications, except for experience at a lower grade in the relevant cadre, attached to the (c) the decision to re-designate the officer may disadvantage any public (d) the officer subject to re-designation has not consented to the re-(3) If a public officer is re-designated, the officer shall not in any way suffer (1) The provisions of this Act and regulations or procedures made under this (2) If a public officer has been promoted, the head of department shall within sixty days after the date of the promotion release the public officer to take up the promotion and if the officer is not so released, he or she stands released upon (3) If a public officer has been promoted and has failed to take up the promotion, the promotional decision shall lapse upon the expiry of sixty days after the date of the decision and the officer shall revert back to the office held prior to the decision, subject to confirmation that the person received the official 71. Confirmation of appointment on lapse of period (1) If the relevant authority fails to confirm an appointment of a public officer initially appointed on probationary terms, and the term has lapsed with or without an extension, the officer shall stand confirmed in the appointment on the due
[Rev. 2012]County Governments
42
(2) The period served on probationary terms shall be taken into account when computing the period of service for the purpose of payment of pension (3) A probationary period of service shall not be extended except on account (a) affording the public officer further opportunity to pass an examination the passing of which is a condition for the confirmation, (b) affording the public officer an opportunity for improvement in any respect, in which the officer’s work or conduct have been adversely (1) The power to deploy a county public officer within a department shall vest (2) The power to deploy a county public officer from one department to (1) The national government shall put in place measures to protect its public officers on secondment to the counties from loss or disadvantage with respect to (2) Unless there is an agreement to the contrary, it shall be the responsibility of the national government to pay the salaries, remuneration, allowances and other benefits due to the staff seconded to a county government during the (3) If for any reason it is not necessary for an officer on secondment to remain seconded and the secondment period has not lapsed, the officer shall be (4) The County Public Service Board shall not allow a public officer to proceed on secondment if it is not in the interest of the public officer or the (5) The County Public Service Board making a decision on secondment shall not allow the secondment unless it has considered the representation by the 74. County Public Service Board to regulate appointment of persons on The County Public Service Board shall regulate the engagement of persons on contract, volunteer and casual workers, staff of joint ventures and attachment If it comes to the attention of the County Public Service Board that there is reason to believe that any process or decision under this Part may have occurred
[Rev. 2012] No. 17 of 2012
43 [Issue 1] in an irregular or fraudulent manner, the County Public Service Board shall investigate the matter and, if satisfied that the irregularity or fraud has occurred, (a) revoke the decision; (b) direct the concerned head of department or lawful authority to (c) take any corrective action including disciplinary action. 76. Prohibition of punishment contrary to the Constitution (1) In exercising its disciplinary powers, the County Public Service Board (2) No public officer may be punished in a manner contrary to any provision (3) Nothing in this section shall limit the powers conferred on the county government or any other lawful authority discharging a disciplinary function from (a) the officer has nevertheless raised a mitigation factor that renders imposition of a punishment too harsh in view of the circumstances of (b) the length of service benefits accrued and previous good record of (c) imposing a punishment against the officer is likely to adversely affect the reputation of the public body concerned or the county (5) If criminal proceedings are instituted against a county public officer, disciplinary proceedings against the officer for dismissal or imposition of any other punishment on any grounds involved in the criminal charge shall not be taken until the conclusion of the criminal proceedings and the determination of (6) Nothing in subsection (5) shall be interpreted as prohibiting or restricting the power of the county government or other lawful authority to interdict or suspend or take any interlocutory decision (1) Any person dissatisfied or affected by a decision made by the County Public Service Board or a person in exercise or purported exercise of disciplinary control against any county public officer may appeal to the Public Service (2) The Commission shall entertain appeals on any decision relating to employment of a person in a county government including a decision in respect (a) recruitment, selection, appointment and qualifications attached to
[Rev. 2012]County Governments
44
(b) remuneration and terms and conditions of service; (c) disciplinary control; (d) national values and principles of governance, under Article 10, and values and principles of public service under Article 232 of the (e) retirement and other removal from service; (f) pension benefits, gratuity and (g) any other decision the Commission considers to fall within its constitutional competence to hear and determine on appeal in that (3) An appeal under subsection (1) shall be in writing and made within ninety days after the date of the decision, but the Commission may entertain an appeal (4) The Commission shall not entertain an appeal more than once in respect (5) Any person dissatisfied or affected by a decision made by the Commission on appeal in a decision made in a disciplinary case may apply for (a) the Commission is satisfied that there appear in the application new and material facts which might have affected its earlier decision, and if adequate reasons for the non-disclosure of such facts at an earlier (b) there is an error apparent on record of either decision. (6) An application for review under subsection (5) shall be in writing and made within the time prescribed by the Commission in regulations governing disciplinary proceedings, but the commission may entertain an application for (1) A county public officer desirous of resigning from office may do so in (2) The resignation letter shall be delivered to the lawful appointing authority (3) Resignation under this section shall ta(4) A person who has resigned from the county public service may rejoin the (a) on attainment of the mandatory retirement age prescribed under the relevant legislation or policy or as agreed upon between the county (b) on grounds of ill health subject to section 81;
[Rev. 2012] No. 17 of 2012
45 [Issue 1] (c) on abolition of the county public office; (d) in the public interest; or (e) under a special retirement scheme agreed between a public officer or the representative of the public officer and the relevant appointing The mandatory retirement age for a county public officer generally or for any category of public officers, shall be prescribed by policy of the national 81. Retirement on the ground of ill health (1) A county public officer may retire from the county public office on the (a) the concerned county chief officer considers that the public officer is incapable, by reason of any infirmity of body or mind, of discharging the functions of the public office and it is in the best interest for the (b) the public officer requests to be retired on the ground of ill health, in shall initiate the process for the (2) If a public officer is considered for retirement or has requested to be retired in accordance with subsection (1), the concerned county chief officer shall require the officer to be examined by a medical board constituted by the director of medical services in the national government with the view to ascertain whether (3) After the public officer has been examined in accordance with subsection (2) and the finding is that he or she should be retired, the director of medical services shall forward the medical board’s records of proceedings and findings to (a) request the officer to make any representation in view of the medical (b) make recommendations in view of the medical board’s findings and (c) forward all the documents referred to in the subsection to the (4) Unless the County Public Service Board considers that further inquiry is necessary, in which case it shall issue directions to the authorized officer accordingly, the Board shall decide forthwith whether the public officer should be (5) If the circumstances of ill health are such that a public officer cannot as provided for under this section, the public officer may nevertheless be retired by the County Public Service Board, if the authorized officer submits the case to it, on the ground of ill health in accordance with the law or service regulation or prescribed terms of service dealing with the period an officer may be retained in
[Rev. 2012]County Governments
46
82. Retirement on grounds of abolition of office (1) If more than one county public officers, holding similar public offices are to be retired on the ground of abolition of office but one or more public officers is to remain in office, the concerned county chief officer shall inform the public officers that their retirement is under consideration and shall invite each of them to make (2) Upon receipt of the representations in subsection (1) or upon failure to receive any representation within the prescribed time, the county chief officer shall forward the case to the County Public Service Board including a recommendation justifying the retirement of the officer together with the officer’s (3) Unless the County Public Service Board considers that further justification is necessary, in which case it shall issue directions to the county chief officer accordingly, it shall decide whether the public officer should be retired on the (4) The County Public Service Board shall not retire any public officer on the ground of abolition of office unless there is written evidence that the public office 83. Retirement on grounds of public interest (1) If a county chief officer, after having considered the report of the complaint against a public officer and it is apparent that it is desirable to retire the (a) serve the public officer a notice setting out the particulars of the complaint as reported and asking the officer to make representation (b) upon receipt of the representation or if none is received within the prescribed time, forward to the County Public Service Board all the (2) Unless the County Public Service Board considers that further inquiry into the complaint is necessary, in which case it shall issue direction to the county chief officer accordingly, it shall decide forthwith whether the public officer should (3) For a complaint or report to justify retirement on the ground of public interest, it shall be established that the public officer, offended public policy protected in prescribed government policy, Act of Parliament or binding decision (a) the officer’s contractual terms and conditions of service provide for a (b) the officer is required or is willing to voluntarily retire in accordance with the terms and conditions prescribed in a special retirement
[Rev. 2012] No. 17 of 2012
47 [Issue 1] (2) Except in cases of voluntary retirement or retirement in accordance with contractual terms and conditions, a public officer shall not be retired under this section unless the County Public Service Board or other lawful authority has ty to make representations on the A public officer retired under this Act shall be entitled to apply for a review (a) fresh material facts which, with due diligence, could not be (b) an error apparent on the record of the initial decision; or (c) manifest absence of parity of treatment in view of the circumstances (1) The County Public Service Board may delegate, in writing, any of its functions to any one or more of its members and the county secretary, county chief officer, sub-county or Ward administrator, village administrator, city or (2) The provisions of this Part shall apply to the person to whom the powers Citizen participation in county governments shall be based upon the following (a) timely access to information, (b) reasonable access to the process of formulating and implementing policies, laws, and regulations, including the approval of development proposals, projects and budgets, the granting of (c) protection and promotion of the interest and rights of minorities, marginalized groups and communities and their access to relevant (d) legal standing to interested or affected persons, organizations, and where pertinent, communities, to appeal from or, review decisions, or redress grievances, with particular emphasis on persons and traditionally marginalized communities, including women, the youth, (e) reasonable balance in the roles and obligations of county governments and non-state actors in decision-making processes to promote shared responsibility and partnership, and to provide
[Rev. 2012]County Governments
48
(f) promotion of public-private partnerships, such as joint committees, technical teams, and citizen commissions, to encourage direct (g) recognition and promotion of the reciprocal roles of non-state actors’ (1) Citizens have a right to petition the county government on any matter County government authorities, agencies and agents have a duty to respond (1) A county government may conduct a local referendum on among other (a) county laws and petitions; or (b) planning and investment decisions affecting the county for which a petition has been raised and duly signed by at least twenty five percent of the registered voters where the referendum is to take (2) The Elections Act (No. 24 of 2011) shall apply, with necessary 91. Establishment of modalities and platforms for citizen participation The county government shall facilitate the establishment of structures for (a) information communication technology based platforms; (b) town hall meetings; (c) budget preparation and validation fora; (d) notice boards: announcing jobs, appointments, procurement, (e) development project sites; (f) avenues for the participation of peoples’ representatives including (g) establishment of citizen fora(1) The provisions of this Part shall apply with necessary modifications to all
[Rev. 2012] No. 17 of 2012
49 [Issue 1] (2) The governor shall submit an annual report to the county assembly on (3) Regulations made under section 135 of this Act and County legislation Public communication and access to information shall be based on the (a) integration of communication in all development activities; (b) observation of access to information by county media in accordance (c) observation of media ethics, standards and professionalism. (a) create awareness on devolution and governance; (b) promote citizens understanding for purposes of peace and national (c) undertake advocacy on core development issues such as agriculture, education, health, security, economics, sustainable (d) promotion of the freedom of the media. (1) A County government shall establish mechanisms to facilitate public communication and access to information in the form of media with the widest (a) television stations; (b) information communication technology centres; (c) websites; (d) community radio stations; (e) public meetings; and (f) traditional media. (2) The county government shall encourage and facilitate other means of (1) Every Kenyan citizen shall on request have access to information held by any county government or any unit or department thereof or any other State (2) Every county government and its agencies shall designate an office for
[Rev. 2012]County Governments
50
(3) Subject to national legislation governing access to information, a county (4) A county legislation enacted pursuant to subsection (3), may impose reasonable fees or charges for accessing information held by the county 97. Inclusion and integration of minorities and marginalized groups A county government, public and privat (a) protection of marginalized and minority groups from discrimination and from treatment of distinction of any kind, including language, religion, culture, national or social origin, sex, caste, birth, descent (b) non-discrimination and equality of treatment in all areas of economic, educational, social, religious, political and cultural life of (c) special protection to vulnerable persons who may be subject to threats or acts of discrimination, hostility, violence and abuse as a (d) special measures of affirmativgroups to ensure their enjoyment of equal rights with the rest of the (e) respect and promotion of the identity and characteristics of (f) promotion of diversity and intercultural education; and (g) promotion of effective participation of marginalised and minority (a) empowerment and enlightenmen (b) continual and systemic engagement of citizens and government; (c) values and principles of devolution in the Constitution. (2) No other content may be disseminated under civic education other than (1) The purpose of civic education under this Act is to have an informed citizenry that actively participates in governance affairs of the society on the (a) sustained citizens’ engagement in the implementation of the
[Rev. 2012] No. 17 of 2012
51 [Issue 1] (b) improved understanding, appreciation and engagement in the (c) institutionalizing a culture of constitutionalism; (d) knowledge of Kenya’s transformed political system, context and (e) enhanced knowledge and understanding of electoral system and (f) enhanced awareness and mainstreaming of the Bill of Rights and (g) heightened demand by citizens for service delivery by institutions of (h) ownership and knowledge on the principal economic, social and political issues facing county administrations and their form, (i) appreciation for the diversity of Kenya’s communities as building (1) Subject to subsection (2), each county shall implement an appropriate (2) For purposes of subsection (1), there shall be established a national design and framework of civic education, to determine the contents of the curriculum for civic education taking into account the provisions of Article 33 of (3) The national and county government(4) The design and implementation of county civic education programmes under this section shall involve the participation of registered non-state actors as Subject to section 100, County legiinstitutional framework for purposes of facilitating and implementing civic (a) integrate national values in all processes and concepts; (b) protect the right to self-fulfilment within the county communities and (c) protect and integrate rights and interest of minorities and
[Rev. 2012]County Governments
52
(d) protect and develop natural resources in a manner that aligns (e) align county financial and institutional resources to agreed policy (f) engender effective resource mobilization for sustainable (g) promote the pursuit of equity in resource allocation within the (h) provide a platform for unifying planning, budgeting, financing, (i) serve as a basis for engagement between county government and (a) ensure harmony between national, county and sub-county spatial (b) facilitate the development of a well-balanced system of settlements and ensure productive use of scarce land, water and other resources for economic, social, ecological and other functions (c) maintain a viable system of green and open spaces for a functioning (d) harmonize the development of county communication system, (e) develop urban and rural areas as integrated areas of economic and (f) provide the preconditions for integrating under-developed and marginalized areas to bring them to the level generally enjoyed by (g) protect the historical and cultural heritage, artefacts and sites within (h) make reservations for public security and other critical national (i) work towards the achievement and maintenance of a tree cover of at least ten per cent of the land area of Kenya as provided in Article (j) develop the human resource capacity of the county. (1) A county government shall plan for the county and no public funds shall (2) The county planning framework shall integrate economic, physical, social,
[Rev. 2012] No. 17 of 2012
53 [Issue 1] (3) The county government shall designate county departments, cities and (4) To promote public participation, non-state actors shall be incorporated in (5) County plans shall be binding on all sub-county units for developmental (a) coordinating integrated development planning within the county; (b) ensuring integrated planning within the county; (c) ensuring linkages between county plans and the national planning (d) ensuring meaningful engagement of citizens in the planning (e) ensuring the collection, collation, storage and updating of data and (f) ensuring the establishment(2) The designated planning authority in the county shall appropriately organise for the effective implementation of the planning function within the (1) Cooperation in planning shall be undertaken in the context of the law (2) County plans shall be based on the functions of the county governments as specified in the Fourth Schedule to the Constitution and on relevant national (3) County plans shall take due cognisance of the financial viability of (1) To guide, harmonize and facilitate development within each county there (a) county integrated development plan; (b) county sectoral plans; (c) county spatial plan; and (d) cities and urban areas plans as provided for under the Urban Areas (2) The County plans shall be the basis for all budgeting and spending in a
[Rev. 2012]County Governments
54
(1) There shall be a five year county integrated development plan for each (a) clear goals and objectives; (b) an implementation plan with clear outcomes; (c) provisions for monitoring and evaluation; and (d) clear reporting mechanisms. (a) the institutional framework, which shall include an organization (i) the implementation of the integrated development plan; and (ii) addressing the county’s internal transformation needs; (b) as informed by the strategies and programmes set out in the plan— (i) any investment initiatives in the county; (ii) any development initiatives in the county, including infrastructure, physical, social, economic and institutional (iii) all known projects, plans and programs to be implemented (iv) the key performance indicators set by the county. (a) have attached to it maps, statistics and other appropriate (b) refer to maps, statistics and other appropriate documents that are Provided that the plans under paragraphs (a) and (b) are open for public (4) A resource mobilization and management framework shall be reflected in (a) include the budget projection required under the law governing (b) indicate the financial resources that are available for capital project (c) include a financial strategy thatand expenditure control: as well as ways and means of increasing revenues and external funding for the county and its development (i) revenue raising strategies; (ii) asset management strategies; (iii) financial management strategies; (v) capital financing strategies;
[Rev. 2012] No. 17 of 2012
55 [Issue 1] (vi) operational financing strategies; and (vii) strategies that would enhance cost-effectiveness. (1) A County department shall develop a ten year county sectoral plan as (a) programme based; (b) the basis for budgeting (c) reviewed every five years by the county executive and approved by (1) There shall be a ten year county GIS based database system spatial plan for each county, which shall be a component part of the county integrated (a) a spatial depiction of the social and economic development programme of the county as articulated in the integrated county (b) clear statements of how the spatial plan is linked to the regional, (c) clear clarifications on the (2) The spatial plan, which shall be spatial development framework for the (a) give effect to the principles and objects contained in sections 102 (b) set out objectives that reflect the desired spatial form of the county taking into account the development programme of the county as (c) contain strategies and policies regarding the manner in which the objectives referred to in paragraph (b), which strategies and policies (i) indicate desired patterns of land use within the county; (ii) address the spatial construction or reconstruction of the (iii) provide strategic guidance in respect of the location and (iv) set out basic guidelines for a land use management system in the county taking into account any guidelines, regulations or (v) set out a capital investment framework for the county’s (vi) contain a strategic assessment of the environmental impact of
[Rev. 2012]County Governments
56
(vii) identify programs and projects for the development of land (viii) be aligned with the spatial frameworks reflected in development the integrated development plans of (d) shall indicate where public and private land development and (e) shall indicate desired or undesired utilization of space in a particular (f) may delineate the urban edges of the municipalities within its jurisdiction and mechanisms of dealing with the rural urban (g) shall identify areas where st (h) shall indicate areas where priority spending is required; (i) clear clarifications on the (j) shall indicate the areas designated to conservation and recreation. (3) Each county spatial plan shall be developed by the county executive committee and approved by the respective county assemblies in accordance with (4) Each county spatial plan shall be reviewed every five years and the (a) City or municipal land use plans; (b) City or municipal building and zoning plans; (c) City or urban area building and zoning plans; (d) location of recreational areas and public facilities. (2) A city or municipal plans shall be the instrument for development (3) A city or municipal plan shall, within a particular city or municipality, (a) functions and principles of land use and building plans; (b) location of various types of infrastructure within the city or (c) development control in the city or municipality within the national (4) City or municipal land use and building plans shall be binding on all public (5) City or municipal land use and building plans shall be the regulatory velopment within the particular city or
[Rev. 2012] No. 17 of 2012
57 [Issue 1] (6) Each city or municipal land use and building plan shall be reviewed every (1) A county executive committee may by a resolution, introduce a proposal (2) A proposed amendment under subsection (1) to a county’s integrated development plan shall be considered and approved or rejected by the county (3) A proposal for amending a county’s integrated development plan shall (a) accompanied by a memorandum setting out the reasons for the (b) aligned with the framework adopted in terms of section 106. (4) If the amendment impacts on neighbouring counties, the county making (a) consult all the county governments affected by the proposed (b) take all comments submitted to it under paragraph (a) into account (5) A county that considers an amendment to its integrated development plan (a) consult the cities and urban areas within the county on the proposed (b) take all comments submitted to it by the cities and municipalities into (6) No amendment to a county’s integrated development plan may be (a) all the members of the county assembly have been given (b) the proposed amendment has been published for public comment for a period of at least twenty one days in a manner that allows the public an opportunity to make representations with regard to the (7) Subject to this section, nothing may be construed as precluding a person ordinarily resident in a county from proposing an amendment to the county (a) inform the county’s budget which shall be based on the annual development priorities and objectives referred to in section 103 of
[Rev. 2012]County Governments
58
(b) be used to prepare action plans for the implementation of strategies (2) Each county integrated development plan shall provide clear input, output (a) the percentage of households with access to basic services contemplated under Article 43 of the Bill of Rights of the (b) the percentage of a county’s capital budget actually spent on capital projects identified for a particular financial year in terms of the (c) the number of jobs created through any local economic (d) financial viability of the integrated development plan in accordance (3) Notwithstanding the provisions of subsection (2), the performance management system shall conform to nationally applicable guidelines on the (1) Development of nationally significant development projects within counties shall be preceded by mandatory public hearings in each of the affected (2) Projects under subsection (1) shall, subsequent to the mandatory public (1) Public participation in the county planning processes shall be mandatory (a) mechanisms provided for in Part VIII of this Act; and (b) provision to the public of clear and unambiguous information on any (i) clear strategic environmental assessments; (ii) clear environmental impact assessment reports; (iii) expected development outcomes; and (iv) development options and their cost implications. (2) Each county assembly shall develop laws and regulations giving effect to the requirement for effective citizen participation in development planning and performance management within the county and such laws and guidelines shall 116. Principles of public services delivery in the county (1) A county government and its agencies shall have an obligation to deliver
[Rev. 2012] No. 17 of 2012
59 [Issue 1] (2) A county shall deliver services while observing the principles of equity, efficiency, accessibility, non-discrimination, transparency, accountability, sharing (a) give priority to the basic needs of the public; (b) promote the development of the public service delivery institutions (a) prudent, economic, efficient, effective and sustainable use of (b) continual improvement of standards and quality; (c) appropriate incorporation of the use of information technology; and (d) financial and environmental sustainability. (3) A county government shall carry out regular review of the delivery of (1) A county government may enter into an agreement with the national government, another county or an agency of the national government, to provide or receive any service that each county participating in the agreement is empowered to provide or receive within its own jurisdiction, including services (2) Each county shall have a county shared services platform aligned to (1) A county executive committee shall (a) the county; (b) the sub-county; (c) the Ward; and (d) any other decentralized level. (2) A Citizens’ Service Centre shall serve as the central office for the provision by the county executive committee in conjunction with the national (3) The governor shall ensure the use of appropriate information and communication technologies at a Citizens’ Service Centre to aid in the provision
[Rev. 2012]County Governments
60
adopt and implement a tariffs and pricing policy for the provision of public (2) A county government or agency delivering services through service (3) A tariff policy adopted under subs (a) users of county services should be treated equitably in the (b) the amount individual users pay for services should generally be in (c) poor households shall have access to at least basic services (i) tariffs that cover only operating and maintenance costs; (ii) special tariffs or life line tariffs for low levels of use or (iii) any other direct or indirect method of subsidies of tariffs for (d) tariffs shall reflect the costs reasonably associated with rendering the service, including capital, operating, maintenance, administration (e) tariffs shall be set at levels that facilitate the financial sustainability of the service, taking into account subsidy from sources other than (f) provision may be made in appropriate circumstances for a (g) provision may be made for the promotion of local economic development through special tariffs (h) promotion of the economic, effiof resources, the recycling of waste and other appropriate (i) full disclosure of the subsidies on tariffs for poor households and (4) A tariff policy may differentiate between different categories of users, debtors, service providers, services, service standards, geographical areas and other matters as long as the differentiation does not amount to unfair (5) A county government may make laws and regulations to give effect to the (1) The ministry or government department responsible for matters relating to intergovernmental relations shall provide support to county governments to
[Rev. 2012] No. 17 of 2012
61 [Issue 1] (2) Without prejudice to the generality of subsection (1), the ministry or (a) on its own initiative or on request by a county government or group of persons, assess the performance of a county government with a (b) make a report on the assessment made under paragraph (a) and (c) in consultation with the relevant county government, conduct research or inquiries to determine the extent of its support (d) where necessary assess and value the requirements of the county for the cabinet secretary to take the relevant measures towards (e) collect information on county performance and on best practices in (f) assist county governments to identify the causes of their (g) where circumstances indicate that the county is unable or has difficulty in performing its functions, prepare clear and practical measures and recovery plan to build the capacity of the county to (h) in collaboration with the relevant county secretary consult with the cabinet secretary for finance on any matter of support relating to (i) consult with the relevant county assembly on the findings of the report made under paragraph (a) and the recommendations under (j) with the approval of the secretary, obtain the services of any (3) The report made under subsection (2) shall give full and clear details of inability of the county to function and cover all aspects that hinder the county (4) Where after receiving the report under subsection (1) the cabinet secretary is of the view that it is necessary for the national government to intervene and perform the relevant functions, the Cabinet Secretary shall seek (5) The Cabinet Secretary shall give notice to the county government of the nature of intervention, the measures to be taken and the period required to rectify (a) in an emergency arising out of internal conflict or war; or (b) in any other exceptional circumstances.
[Rev. 2012]County Governments
62
(1) Subject to subsection (2), a person may petition the President to suspend a county government in accordance with Article 192(1)(b) of the Consitution if the county government engages in actions that are deemed to be against the (2) A petition under subsection (1) shall be supported by the signatures of not (3) The President shall, within fourteen days after receiving a petition against a county government under subsection (1), submit a report on the averments made and grounds giving rise to suspension of a county government before the apex intergovermental body (hereinafter refered to as the apex body) established (4) Upon approval by the apex body, of a Commission to inquire into and investigate the situation in the county and make recommendations on the suspension of the county government and shall, after approval by Senate, appoint the members of the Commission by notice in (a) a chairperson, who shall be an advocate of the High Court of Kenya (b) the chairperson of the National Police Service; (c) two persons resident in the affected county and who have not for the last ten years stood for an elective office in the affected county government, or have been an officer or employee of the affected (d) two other persons not resident in the affected county with (6) The Commission shall have all or any of the powers vested in a Commission under the Commissions of Inquiry Act (Cap. 102), and at any inquiry directed under this section, the county government in question and any member (7) The Commission shall inquire into the matters before it expeditiously and (8) Upon receipt of the report of the Commission and upon being satisfied that justifiable grounds exist for suspension of a county government, the President shall within seven days forward the report and the recommendations of the Commission, together with the petition for suspension of the county (9) The speaker shall cause a motion for the suspension of the county government to be laid before the Senate within seven days and approval by Senate shall be by a resolution adopted in accordance with the provisions of
[Rev. 2012] No. 17 of 2012
63 [Issue 1] (10) Upon approval by the Senate, the President shall, by notice in the , suspend the county government for a period not exceeding ninety days, or until the suspension is terminated earlier by the Senate in accordance with (1) During the period of suspension of a county government, the county (2) During a period of suspension, the speaker and members of the county (3) All Bills introduced before the county assembly and that have not received assent prior to suspension shall expire and shall be re-introduced as new bills (4) County assembly committees shall be dissolved during the period of (a) if the suspension is terminated by (b) upon the expiry of ninety days; or (c) upon the publication of a notice on the holding of the election of the county assembly in the Kenya by the Independent Electoral and Boundaries Commission according to the provisions of the (1) During the period of suspension of a county government, the functions of the county executive committee shall be (2) During a period of suspension, the governor, deputy governor and (1) An Interim County Management Board for a suspended county (a) a chairperson appointed by the President with the approval of the (b) not less than three, or more than five other members appointed by the Cabinet Secretary responsible for intergovermental relations (c) a certified public secretary of good professional standing appointed by the Cabinet Secretary responsible for intergovermental relations
[Rev. 2012]County Governments
64
(3) A person shall qualify for appointment as a chairperson or a member of (a) is a resident of the county in question; (b) has knowledge, expertise and reasonable experience in management of the security sector or management of the private or public sector, and in addition a degree from a university recognised (c) has not for the last five years stood for elective office in the suspended county government, or been an officer or employee of (d) has not, for the last five years, been a member of a governing body (4) The Board may co-opt not more than three members with specialized knowledge or expertise to assist in the discharge of specific functions of the (1) The Interim County Management Board shall have all powers and functions vested in the county executive committee under the Constitution and under this Act for the performance of its functions and, in particular the power (a) assist the county government in setting up a programme for complete restoration of protection of human rights, peace, security (b) work closely with the county administration in improving the general (c) summon any member, officer or employee of county government or any other person to appear before the Board concerning matters (d) summon any member, officer or employee of county government or any other person to produce any books or documents relating to the (e) require the county government to provide additional information or to explain any inconsistency, where the Board determines, based on (f) hear and receive evidenc (g) issue instructions in writing to members, officers and employees of (a) neglects or refuses to comply with the summons issued by the (b) having appeared, refuses to be examined on oath or affirmation or
[Rev. 2012] No. 17 of 2012
65 [Issue 1] (c) having taken such oath or affirmation, refuses to answer fully and satisfactorily, to the best of hi (d) knowingly and wilfully gives any evidence which is untrue in any commits an offence and shall be liable on conviction, for every such neglect or refusal, to a fine not exceeding five hundred thousand shillings or to (3) The members of the Board shall be paid allowances to cater for their expenses as such reimbursement for reasonable and necessary expenses as (4) The Cabinet Secretary responsible for intergovernmental relations shall provide such staff as may be necessary for purposes of the performance of the (5) No member of the suspended county government shall exercise any (6) No matter or thing done by a member of the Board, or by any officer, or agent of the Board shall, if the matter or thing is done in good faith for the due execution of the functions, powers or duties of the Board under this Act, render such member, officer, or agent personally liable to any legal action, claim, (7) The Interim County Management Board shall within ninety days of appointment prepare and submit to the President a report of its activities and its The President by notice in the shall dissolve an Interim County Management Board upon the new county government coming to office after The suspension of a county government shall be terminated in the following (a) in the circumstances described in Article 192(4) and (5); or (b) upon termination by the Senate by a resolution adopted in ll be held within ninety days after the (2) The Independent Electoral and Boundaries Commission shall cause elections of the governor and county assembly to be held in the affected county
[Rev. 2012]County Governments
66
(1) The funds and financial management of county governments shall be as (2) The procedure of budgeting, borrowing powers and grants management Subject to the transitional provisions herein, all members, officers and staff of a county government shall subscribe to an existing pension scheme for officers (a) any member of the county government or its administration board or (b) any member of the county assembly; (c) any member of staff or other person in the service of the county (d) any person acting under the direction of the county government, of a duty or under direction, render that member or person personally liable to (2) A person who is not exempted from liability under subsection (1) and who directs or concurs in the use of funds contrary to existing legal rules or instructions shall be accountable for any loss arising from that use and shall be (1) The Local Government Act is repealed upon the final announcement of all (2) All issues that may arise as a consequence of the repeal under subsection (1) shall be dealt with and discharged by the body responsible for (1) The Cabinet Secretary may make regulations for the better carrying out of the purposes and provisions of this Act and such Regulations may be made in respect of all county governments and further units of decentralization generally (2) Regulations made under this section shall be tabled before the Senate for
[Rev. 2012] No. 17 of 2012
67 [Issue 1] (1) The first sitting of a county assembly after the first election under the Constitution, shall take place at a time, place and date determined by the Independent Electoral and Boundaries Commission, which date shall not be later (2) The Chief Justice shall designate for each county a judge to swear in the (1) In the period preceding establishment of county governments under Article 176 of the Constitution, the design, coordination and implementation of civic education shall be facilitated by the Ministries responsible for matters relating to civic education, devolution and county governments and such other (a) the Ministries responsible for matters of civic education, devolution shall be responsible for the design and coordination of overall (b) the Commission for the Implementation of the Constitution shall ensure that the content of civic developed pursuant thereto, reflect the letter and spirit of Chapter (3) The Ministries specified under subsection (2) shall, create capacity and facilitate the county governments to effectively assume their responsibilities in (1) Any public officer appointed by the Public Service Commission in exercise of its constitutional powers and functions before the coming to effect of this Act and is serving in a county on the date of the constitution of that county government shall be deemed to be in the service of the county government on secondment from national government with their terms of service as at that date (a) the officer’s terms of service including remuneration, allowances and pension or other benefits shall not be altered to the officer’s (b) the officer shall not be removed from the service except in at the date immediately before the establishment of the county government or in accordance with the law applicable to the officer at (c) the officer’s terms and conditions of service may be altered to (2) Every public officer holding or acting in a public office to which the Commission had appointed the officer as at the date of the establishment of the
[Rev. 2012]County Governments
68
county government shall discharge those duties in relation to the relevant (3) The body responsible for the transition to county governments shall in consultation with the Public Service Commission and relevant ministries facilitate the redeployment, transfers and secondment of staff to the national and county (a) the County Public Service Board or other lawful authority from promoting or appointing the officer to another public office in the (b) re-deployment by the relevant lawful authority. (5) The period of secondment under subsection (1) shall cease upon the transfer of a public officer from the national government to a county government or upon the release of an officer by the county government to the national (6) Appointment of a public officer by the Commission includes appointment
[Sections 9(3), 12(2), 31(1), 33(1)) and 39.] I ……………, do swear/solemnly affirm that I the people and the Republic of Kenya in the office the governor/deputy governor of ……………………..county; that I shall diligently discharge my duties and performmy functions in the said office, to the best of my judgment; (that (in the case of the deputy governor) I shall at all times, when so required, faithfully and truly give my counsel and advice to the Governor of the ……………………..county); that
CTING I, ……………………., having been elected as speaker/acting speaker of the countyassembly of ……………………. county do swear/solemnly affirm that I shall alwaystruly and diligently serve the people and the Republic of Kenya in the office speaker /acting speaker of the county assembly in …………….. county; that I shallrespect, uphold, preserve, protect and defend this Constitution of the Republic of Kenya; and that I shall do right to all manner of persons in accordance with the Constitution of Kenya and the laws and conventions of Parliament without fear
[Rev. 2012] No. 17 of 2012
69 [Issue 1] I ……………………, do swear/solemnly affirm thatserve the people and the Republic of Kenya in the office of the clerk of the county assembly in ……………………….. county; tduties and perform my functions in the said office, to the best of my judgment; that I shall at all times, when so required, faithfully and truly give my counsel and advice to the Speaker of the county assembly of ………………………..county; that I
I ……………………, do swear/solemnly affirm thatserve the people and the Republic of Kenya in the office the executive committee member of ………………………… county; that I shall diligently dischargemy duties and perform my functions in the said office, to the best of my
udgment; that I shall at all times, when so required, faithfully and truly give my of the ………………………….county; that I shall
I ……………………, do swear/solemnly affirm thatserve the people and the Republic of Kenya in the office of county assembly committee member of ……………………. county; that I shall diligently discharge myduties and perform my functions in the said office, to the best of my judgment; that I shall at all times, respect, uphold, preserve, protect and defend this Constitution of the Republic of Kenya; and that I shall do right to all manner of persons in accordance with the Constitution of Kenya and the laws and
[Rev. 2012]County Governments
70
SECOND SCHEDULE [Section 14(8).] THE COUNTY ASSEMBLY STANDING
Election of member to deputize the Speaker Chairperson
of Committees of the Whole Assembly Presiding in the
Chamber Address by Senator or persons other than the
Adjournment on definite matter of urgent national or
Messages from the Governor or Senator Sequence of
Approval of county
[Rev. 2012] No. 17 of 2012
71 [Issue 1] SECOND SCHEDULE—continued
Manner of debating Motions, Amendments thereto and
Procedure for removal of member of County Executive
Division claimed Technical failure, confusion or error
Proceedings to be in Kiswahili, English or Kenyan sign
[Rev. 2012]County Governments
72
SECOND SCHEDULE—continued
Member who has spoken to question may speak to
Members to remain in their places until the Speaker has
[Rev. 2012] No. 17 of 2012
73 [Issue 1] SECOND SCHEDULE—continued
Committee of the whole Assembly may not adjourn
Committee of the
Chairperson leaves Chair without question put when
directed to report General application of rules in
[Rev. 2012]County Governments
74
SECOND SCHEDULE—continued
Vote of no confidence in the chairperson or vice-
[Rev. 2012] No. 17 of 2012
75 [Issue 1] SECOND SCHEDULE—continued
Presentation of Budget Policy Paper in liaison with
Presentation of Annual Estimates and committal to
Committees Committee of Ways and Means and
reports and other matters
Places to which members of public are not admitted
Press representatives infringing Standing Orders or the
[Rev. 2012]County Governments
76
SECOND SCHEDULE—continued

-->