County Governments Act
This Act may be cited as the County Governments Act.
- Jurisdiction
- Kenya
- Instrument
- Act or statute
- Citation
- Cap. 265
- Version
- 31 Dec 2022
- Language
- en
- Official source
- View official record ↗
Source attribution: Source: Kenya Law
Statute overview
About this statute
This Act may be cited as the County Governments Act. Contains the phrase "the holder of the office of county chief officer in a county department; or" as part of the interpretation section. Provides for matters necessary or convenient to give effect to Chapter Eleven of the Constitution pursuant to Article 200 of the Constitution. Lists the county symbols (flag, coat of arms, public seal), requires development and approval processes for county symbols, references applying to the College of Arms, aligns county symbol usage with national law, and prohibits county symbols from being the same as or similar to national symbols. County governments are responsible for functions assigned to them by the Constitution or an Act of Parliament, including making county legislation, exercising executive functions, performing functions assigned in the Fourth Schedule, receiving transferred functions, agreeing functions with other counties, and establishing and staffing their public service; a county government may seek assistance from the Kenya Law Reform Commission for county legislation development or reform.
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Legal text
Provisions of County Governments Act
Showing 155 of 155
Part I
PRELIMINARY
- 1 Verify source ↗
PRELIMINARY - 1. Short title
This Act may be cited as the County Governments Act.
Section 1. Short title Section This Act may be cited as the County Governments Act. - 2 Verify source ↗
PRELIMINARY - 2. Interpretation
Contains the phrase "the holder of the office of county chief officer in a county department; or" as part of the interpretation section.
Section 2. Interpretation Section the holder of the office of county chief officer in a county department; or - 3 Verify source ↗
PRELIMINARY - 3. Object and purpose of the Act
Provides for matters necessary or convenient to give effect to Chapter Eleven of the Constitution pursuant to Article 200 of the Constitution.
Section 3. Object and purpose of the Act Section provide for matters necessary or convenient to give effect to Chapter Eleven of the Constitution pursuant to Article 200 of the Constitution; - 4 Verify source ↗
PRELIMINARY - 4. County symbols
Lists the county symbols (flag, coat of arms, public seal), requires development and approval processes for county symbols, references applying to the College of Arms, aligns county symbol usage with national law, and prohibits county symbols from being the same as or similar to national symbols.
Section 4. County symbols Section 4(1)(a) the county flag; Section 4(1)(b) county coat of arms; and Section 4(1)(c) the county public seal. Section 4(2)(a) develop the symbols of the county through a consultative process; Section 4(2)(b) submit the symbol to the county assembly for approval; and Section 4(2)(c) apply to the College of Arms for a grant of arms in accordance with section 4 of the College of Arms Act ( Cap. 98 ). Section 4(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 Flag, Emblems and Names Act ( Cap. 99 ). Section 4(4) A county symbol shall not be the same as, or bear a likeness or similarity to a national symbol. [Act No. 7 of 2016 , Sch., Act No. 11 of 2020 , s. 2.]
Part II
COUNTY GOVERNMENTS
- 5 Verify source ↗
COUNTY GOVERNMENTS - 5. Functions of county governments
County governments are responsible for functions assigned to them by the Constitution or an Act of Parliament, including making county legislation, exercising executive functions, performing functions assigned in the Fourth Schedule, receiving transferred functions, agreeing functions with other counties, and establishing and staffing their public service; a county government may seek assistance from the Kenya Law Reform Commission for county legislation development or reform.
Section 5. Functions of county governments Section 5(1) A county government shall be responsible for any function assigned to it under the Constitution or by an Act of Parliament. Section 5(2)(a) county legislation in accordance with Article 185 of the Constitution; Section 5(2)(b) exercising executive functions in accordance with Article 183 of the Constitution; Section 5(2)(c) functions provided for in Article 186 and assigned in the Fourth Schedule of the Constitution; Section 5(2)(d) any other function that may be transferred to county governments from the national government under Article 187 of the Constitution; Section 5(2)(e) any functions agreed upon with other county governments under Article 189(2) of the Constitution; and Section 5(2)(f) establishing and staffing its public service as contemplated under Article 235 of the Constitution. Section 5(3) A county government may seek assistance from the Kenya Law Reform Commission in the development or reform of county legislation under subsection (2)(a). [Act No. 7 of 2016 , Sch.] - 6 Verify source ↗
COUNTY GOVERNMENTS - 6. Powers of county governments
County governments are corporate bodies with powers to contract, acquire land, delegate functions, form companies or contract others, enter partnerships, and must ensure efficient, effective, inclusive and participatory performance.
Section 6. Powers of county governments Section 6(1) As an entity exercising constitutional authority, a county government shall be a body corporate with perpetual succession and shall have all the powers necessary for the discharge of its functions. Section 6(2)(a) enter into a contract; Section 6(2)(b) acquire, purchase or lease any land; or Section 6(2)(c) delegate any of its functions to its officers, decentralised units or other entities within the county. Section 6(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 responsible within its area of jurisdiction. Section 6(4) All contracts lawfully entered into under this section shall be valid and binding on the county government, its successors and assigns. Section 6(5)(a) establish a company, firm or other body for the delivery of a particular service or carrying on of a particular function; or Section 6(5)(b) contract any person, company, firm or other body for the delivery of a particular service or carrying on a particular function. Section 6(6) In exercising its powers or performing any of its functions a county government shall ensure efficiency, effectiveness, inclusivity and participation of the people. - 6A Verify source ↗
COUNTY GOVERNMENTS - 6A. Location of county governments
Section 6A sets (1) county governments' locations as given in the Third Schedule; (2) allows a County Assembly to transfer the county headquarters by a two‑thirds resolution and Parliament approval; (3) requires public participation before such a resolution; and (4) requires the county Governor to confer urban area status to the county seat under the Urban Areas and Cities Act.
Section 6A. Location of county governments Section 6A(1) Each of the county governments shall be located in the respective physical location set out in the Third Schedule. Section 6A(2) A County Assembly may, by a resolution supported by at least two-thirds of the members of the County Assembly and with the approval of Parliament, transfer the headquarters of the county government from the physical location specified in the Third Schedule to such other physical location as it may consider appropriate. Section 6A(3) A County Assembly shall, before passing a resolution under subsection (2), facilitate public participation. Section 6A(4) The county Governor shall confer the status of an urban area to the seat of the physical location of the county government in accordance with the provisions set out in the Urban Areas and Cities Act (Cap. 275). [Act No. 1 of 2016 , s. 3.]
Part III
COUNTY ASSEMBLY
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COUNTY ASSEMBLY - 10. County assembly party leaders
Each county assembly must have a leader of the majority party and a leader of the minority party; the majority leader is the leader of the largest party or coalition and the minority leader is the leader of the second largest party or coalition.
Section 10. County assembly party leaders Section 10(1) There shall be in each county assembly a leader of the majority party and a leader of the minority party. Section 10(2) The leader of the majority party shall be the person who is the leader of the largest party or coalition of parties in the county assembly. Section 10(3) The leader of the minority party shall be the person who is the leader of the second largest party or coalition of parties in the county assembly. Section 10(4)(a) the speaker of the county assembly; Section 10(4)(b) the leader of the majority party; and Section 10(4)(c) the leader of the minority party. - 11 Verify source ↗
COUNTY ASSEMBLY - 11. Vacation of office of speaker
Sets grounds and procedure for vacation of the office of speaker, including grounds for removal, requirements for motions, notifications and response timelines, suspension of duties pending resolution, a right for the speaker to appear and a 14-day consideration period by the county assembly.
Section 11. Vacation of office of speaker Section 11(1)(a) when a new county assembly first meets after an election; Section 11(1)(b) if the office holder is disqualified from being elected as a member of a county assembly on grounds specified under Article 193(2) of the Constitution; Section 11(1)(c) if the county assembly so resolves by a resolution supported by at least two-thirds of all the members of the county assembly; Section 11(1)(d) if the office holder resigns from office in a letter addressed to the county assembly; or Section 11(1)(e) if the office holder dies. Section 11(2)(a) gross violation of the Constitution or any other law; Section 11(2)(b) incompetence; Section 11(2)(c) gross misconduct; Section 11(2)(d) if convicted of an offence punishable by imprisonment for at least six months; or Section 11(2)(e) inability to perform the functions of the office of speaker arising from mental or physical incapacity. Section 11(3)(a) be given in writing to the clerk of the county assembly; Section 11(3)(b) be signed by at least one third of all the members of the county assembly; and Section 11(3)(c) state the grounds for removal as specified in subsection (2). Section 11(4)(a) the grounds for removal as specified in subsection (2) in which the speaker is in breach; and Section 11(4)(b) the facts constituting those grounds. Section 11(5)(a) the clerk of the county assembly shall within five days— Section 11(5)(b) notify the speaker; and Section 11(5)(c) invite the speaker to respond, within seven days, in writing setting out the grounds of opposition; Section 11(6) The speaker shall not perform any of the functions of the office of the speaker pending the resolution of the county assembly. Section 11(7) The speaker shall have the right to appear and be represented before the county assembly during its investigations. Section 11(8) The county assembly shall consider the motion within fourteen days and resolve whether to approve the motion. [Act No. 11 of 2020 , s. 7.] - 11A Verify source ↗
COUNTY ASSEMBLY - 11A. Vacation of office of deputy speaker
The deputy speaker's office is vacated if the office holder vacates under Article 194 of the Constitution, or if the county assembly passes a resolution supported by at least two‑thirds of its members.
Section 11A. Vacation of office of deputy speaker Section 11A(1)(a) the office holder vacates office pursuant to Article 194 of the Constitution; or Section 11A(1)(b) the county assembly so resolves by a resolution supported by at least two-thirds of all the members of the county assembly. Section 11A(2) Section 11 (2) to (8) shall, with necessary modifications, apply to the removal of a deputy speaker under subsection (1)(b). [Act No. 11 of 2020 , s. 7.] - 12 Verify source ↗
COUNTY ASSEMBLY - 12. The county assembly service board
Section establishes the county assembly service board, names its composition, states the clerk is its secretary, requires certain appointed members to serve part-time, and lists events when membership ends and when appointees remain until replacement.
Section 12. The county assembly service board Section 12(1) There shall be a county assembly service board for each county assembly. Section 12(2) The county assembly service board shall be a body corporate with perpetual succession and a common seal. Section 12(3)(a) the Speaker of the county assembly, as the Chairperson; Section 12(3)(b) a vice-Chairperson elected by the Board from the members appointed under paragraph (c); Section 12(3)(c) two members of the county assembly nominated by the political parties represented in the county assembly according to their proportion of members in the county assembly; and Section 12(3)(d) one man and one woman appointed by the county assembly from amongst persons who are experienced in public affairs, but are not members of the county assembly. Section 12(3A) The members of the Board appointed under section 12 (3)(d) shall serve on a part-time basis. Section 12(4) The county assembly clerk shall be the secretary to the county assembly service board. Section 12(5)(a) at the end of the term of the county assembly; or Section 12(5)(a)(i) at the end of the term of the county assembly; or Section 12(5)(a)(ii) if the person ceases to be a member of the county assembly; or Section 12(5)(b) if the person is an appointed member, on revocation of the person’s appointment by the county assembly; or Section 12(5)(c) if the person is the Speaker, when the person ceases to be such Speaker. Section 12(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 in the next assembly. Section 12(7)(a) providing services and facilities to ensure the efficient and effective functioning of the county assembly; Section 12(7)(b) constituting offices in the county assembly service, and appointing and supervising office holders; Section 12(7)(c) preparing annual estimates of expenditure of the county assembly service and submitting them to the county assembly for approval, and exercising budgetary control over the service; Section 12(7)(d) undertaking, singly or jointly with other relevant organizations, programmes to promote the ideals of parliamentary democracy; and Section 12(7)(e) necessary for the well-being of the members and staff of the county assembly; or Section 12(7)(e)(i) necessary for the well-being of the members and staff of the county assembly; or Section 12(7)(e)(ii) prescribed by national legislation. - 13 Verify source ↗
COUNTY ASSEMBLY - 13. Clerk and staff of the county assembly
The county assembly service board appoints the clerk of the county assembly with the approval of the county assembly; candidate qualifications are listed; the clerk's functions follow section 19 of the County Assembly Services Act; the clerk is an authorized officer; remuneration is set by the county assembly service board on advice of the Salaries and Remuneration Commission.
Section 13. Clerk and staff of the county assembly Section 13(1) There shall be a clerk of the county assembly, appointed by the county assembly service board with the approval of the county assembly. Section 13(2)(a) is a citizen of Kenya; Section 13(2)(b) holds a degree from a university recognised in Kenya or its equivalent; Section 13(2)(c) has had at least five years relevant professional experience; Section 13(2)(d) meets the requirements of leadership and integrity set out in Chapter Six of the Constitution. Section 13(3) The functions and powers of the clerk of a county assembly shall be as set out under section 19 of the County Assembly Services Act (Cap. 265D). Section 13(4) For the purposes of this Act, the clerk of a county assembly is an authorized officer. Section 13(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 assembly service board. Section 13(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 Salaries and Remuneration Commission. [Act No. 24 of 2017 , s. 47.] - 14 Verify source ↗
COUNTY ASSEMBLY - 14. Procedure and committees of the county assembly
Section 14 lets a county assembly make standing orders and establish committees, and requires it to ensure every member is appointed to at least one committee.
Section 14. Procedure and committees of the county assembly Section 14(1)(a) may make standing orders consistent with the Constitution and this Act regulating the procedure of the county assembly including, in particular, orders for the proper conduct of proceedings; and Section 14(1)(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 committee so established. Section 14(2)(a) there being a vacancy in its membership at the particular time; or Section 14(2)(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 county assembly. Section 14(3)(a) the appointment shall be considered first by a committee of the county assembly; Section 14(3)(b) the committee’s recommendation shall be tabled before the county assembly for approval; and Section 14(3)(c) the proceedings of the committee and the county assembly shall be open to the public. Section 14(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 committee. Section 14(5) A county assembly may jointly with another county assembly, establish committees consisting of members of both county assemblies. Section 14(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 of the joint committee shall be as agreed between the two county assemblies. Section 14(7) Until a county assembly makes its standing orders under subsection (1), the standing orders of the National Assembly shall, with the necessary modifications, apply to that county assembly. Section 14(8) Without limiting the generality of subsection (1), the Standing Orders made under this section shall provide for the matters specified in the Second Schedule. - 15 Verify source ↗
COUNTY ASSEMBLY - 15. Right to petition county assembly
A person is entitled to petition a county assembly to consider matters within the assembly's authority, including enacting, amending or repealing its legislation.
Section 15. Right to petition county assembly Section 15(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 legislation. Section 15(2) The procedure for the exercise of the right to petition a county assembly under subsection (1) shall be as set out in the Petition to County Assemblies (Procedure) Act (Cap. 274) and in the Standing Orders of the relevant county assembly. [Act No. 15 of 2020 , s. 7.] - 16 Verify source ↗
COUNTY ASSEMBLY - 16.[Deleted by ActNo. 6 of 2017, s. 39.]
Section 16 has been deleted.
Section 16.[Deleted by ActNo. 6 of 2017, s. 39.] - 17 Verify source ↗
COUNTY ASSEMBLY - 17.[Deleted by ActNo. 6 of 2017, s. 39.]
Section 17 deleted by ActNo. 6 of 2017, s. 39.
Section 17.[Deleted by ActNo. 6 of 2017, s. 39.] - 18 Verify source ↗
COUNTY ASSEMBLY - 18. Official languages of a county assembly
Sets Kiswahili, English and Kenyan sign language as the official languages for a county assembly and states rules on which language versions prevail and how proceedings are recorded.
Section 18. Official languages of a county assembly Section 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 conducted in English, Kiswahili and Kenyan sign language. Section 18(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 languages. Section 18(3) In case of a conflict between different language versions of a county legislation, the version in which the legislation was originally enacted prevails. Section 18(4) The verbatim report of the proceedings of a county assembly shall be recorded in the official language in which it was presented. - 19 Verify source ↗
COUNTY ASSEMBLY - 19. Quorum
The quorum of a county assembly is one third of all its members.
Section 19. Quorum Section The quorum of a county assembly is one third of all the members of the county assembly. - 20 Verify source ↗
COUNTY ASSEMBLY - 20. Voting in a county assembly
Questions in the county assembly are decided by a majority of members present and voting; the speaker has no vote; members must declare interests and must not vote where they have a pecuniary interest.
Section 20. Voting in a county assembly Section 20(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 voting. Section 20(2)(a) the speaker of the county assembly has no vote; and Section 20(2)(b) in the case of a tie, the question is lost. Section 20(3)(a) at all times observe the principles of integrity including those set out in Chapter Six of the Constitution; and Section 20(3)(b) promptly declare to the speaker any interest that the member has in any matter being discussed in the county assembly. Section 20(4) A member of a county assembly shall not vote on any question in which the member has a pecuniary interest. - 21 Verify source ↗
COUNTY ASSEMBLY - 21. Procedure for the exercise of legislative powers
County assemblies exercise legislative power by passing Bills which must be assented to by the Governor; money Bills have special introduction and recommendation rules and list categories of money matters.
Section 21. Procedure for the exercise of legislative powers Section 21(1) A county assembly shall exercise its legislative power through Bills passed by the county assembly and assented to by the Governor. Section 21(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 subsection (4). Section 21(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 member responsible for finance. Section 21(4)(a) taxes; Section 21(4)(b) the imposition of charges on a public fund or the variation or repeal of any of those charges; Section 21(4)(c) the appropriation, receipt, custody, investment or issue of public money; Section 21(4)(d) the raising or guaranteeing of any loan or its repayment; or Section 21(4)(e) matters incidental to any of those matters. - 22 Verify source ↗
COUNTY ASSEMBLY - 22. Bill to have a title
A Bill introduced in the county assembly must have a title at the beginning that includes the subject matter of the statute to be enacted.
Section 22. Bill to have a title Section 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 to be enacted. - 23 Verify source ↗
COUNTY ASSEMBLY - 23. Publication of a Bill
A Bill must be published as a supplement in the county Gazette and the Kenya Gazette.
Section 23. Publication of a Bill Section A Bill shall be published by including the Bill as a supplement in the county Gazette and the Kenya Gazette . - 24 Verify source ↗
COUNTY ASSEMBLY - 24. Assenting to a Bill
The Speaker must forward Bills passed by the county assembly to the Governor within 14 days; the Governor may assent or refer the Bill back; if amended the Speaker must re-submit within 14 days; in certain two-thirds re-passage situations the Speaker must re-submit within 7 days and the Governor must assent within 7 days; failure to act results in deemed assent.
Section 24. Assenting to a Bill Section 24(1) The Speaker shall, within fourteen days, forward a Bill passed by the county assembly to the Governor. Section 24(2)(a) assent to the Bill; or Section 24(2)(b) refer the bill back to the county assembly with a memorandum outlining reasons for the referral. Section 24(3)(a) amend the Bill taking into account the issues raised by the Governor; or Section 24(3)(b) pass the Bill without amendment. Section 24(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 the Governor for assent. Section 24(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 within seven days assent to the Bill. Section 24(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 the expiry of that period. - 25 Verify source ↗
COUNTY ASSEMBLY - 25. Coming into force of a law
County legislation assented by the Governor must be published in the county Gazette and Kenya Gazette within seven days of assent; it generally comes into force on the 14th day after publication in the Kenya Gazette unless the law specifies a different date or time; legislation conferring a direct benefit on members of the county assembly comes into force after the next general election, except for interests members have as members of the public.
Section 25. Coming into force of a law Section 25(1) A legislation passed by the county assembly and assented to by the Governor shall be published in the county Gazette and Kenya Gazette within seven days after assent. Section 25(2) Subject to subsection (3), the county assembly legislation shall come into force on the fourteenth day after its publication in the Kenya Gazette unless the legislation stipulates a different date on, or time at which, it shall come into force. Section 25(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 after the next general election of members of the county assembly. Section 25(4) Subsection (3) does not apply to an interest that members of county assembly have as members of the public. [Act No. 11 of 2020 , s. 8.] - 7 Verify source ↗
COUNTY ASSEMBLY - 7. Membership of the county assembly
Specifies membership composition of the county assembly (six nominated members; the speaker as ex officio), requires that county assembly reflect community and cultural diversity and adequate minority representation, and requires the nominated-member number be reviewed to match the number of Wards determined by the Independent Electoral and Boundaries Commission under section 26(3)(a).
Section 7. Membership of the county assembly Section 7(1)(a) six nominated members as contemplated in Article 177(c) of the Constitution; and Section 7(1)(b) the speaker, who is an ex officio member elected in accordance with Article 178 of the Constitution. Section 7(2)(a) community and cultural diversity of the county is reflected in the county assembly; and Section 7(2)(b) there is adequate representation to protect minorities within the county in accordance with Article 197 of the Constitution. Section 7(3) The number of members nominated under subsection (1)(a) shall be reviewed to accord with the number of Wards determined by the Independent Electoral and Boundaries Commission under section 26 (3)(a). [Act No. 17 of 2016 , s. 2, Act No. 11 of 2020 , s. 4.] - 7A Verify source ↗
COUNTY ASSEMBLY - 7A. County Assemblies to be duly constituted at first sitting
A county assembly must not be fully constituted at its first sitting after a general election unless all members required under Article 177(1)(b) and (c) have been nominated and their names published in the Gazette.
Section 7A. County Assemblies to be duly constituted at first sitting Section 7A(1) A county assembly shall not be fully and duly constituted for the first sitting after a general election unless all the members provided for under paragraphs (b) and (c) of Article 177(1) of the Constitution have been duly nominated and their names published in the Gazette . Section 7A(2) Sub-section (1) shall not apply where the nomination of a member of a county assembly under paragraphs (b) and (c) of Article 177(1) of the Constitution is the subject of a court order stopping or otherwise pending the nomination of the member. Section 7A(3) Despite sub-section (1), a county assembly shall be deemed to be fully and duly constituted for first sitting notwithstanding the death, on or before the date of the first sitting of the county assembly, of a member nominated under paragraphs (b) and (c) of Article 177(1) of the Constitution. [Act No. 17 of 2016 , s. 3.] - 7B Verify source ↗
COUNTY ASSEMBLY - 7B. Location of sitting of a county assembly
The place of first sittings is set out in the Third Schedule; the first sitting of a new county assembly must occur within thirty days of full constitution; otherwise a county assembly may hold sittings anywhere in the county and may start them at any time it appoints.
Section 7B. Location of sitting of a county assembly Section 7B(1)(a) the place of sitting within the county as set out in the Third Schedule; and Section 7B(1)(b) the date of the first sitting of the new county assembly, which shall not be more than thirty days from the date on which the county assembly shall be fully constituted as provided for under section 7A . Section 7B(2) Except for a sitting of a new county assembly under subsection (1), a sitting of a county assembly may be held at any place within the county and may commence at any time as the county assembly may appoint. [Act No. 11 of 2020 , s. 3.] - 8 Verify source ↗
COUNTY ASSEMBLY - 8. Role of the county assembly
The county assembly must perform roles including vetting and approving nominees to county public offices; performing roles under Article 185; approving the county budget and expenditure; approving county borrowing; approving county development planning; and performing other roles set out in the Constitution or legislation. If the county assembly fails to enact required legislation, corresponding national legislation shall apply with necessary modifications until the county assembly enacts the required legislation.
Section 8. Role of the county assembly Section 8(1)(a) vet and approve nominees for appointment to county public offices as may be provided for in this Act or any other law; Section 8(1)(b) perform the roles set out under Article 185 of the Constitution; Section 8(1)(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 201 and 203 of the Constitution; Section 8(1)(d) approve the borrowing by the county government in accordance with Article 212 of the Constitution; Section 8(1)(e) approve county development planning; and Section 8(1)(f) perform any other role as may be set out under the Constitution or legislation. Section 8(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 question until the county assembly enacts the required legislation. - 9 Verify source ↗
COUNTY ASSEMBLY - 9. Role of members of the county assembly
Members of a county assembly must maintain contact with and represent the electorate, attend assembly sessions and committees, link the assembly to public service delivery, provide professional expertise on issues, and be sworn in on the first sitting; they must not perform executive functions or deliver services as if county officers.
Section 9. Role of members of the county assembly Section 9(1)(a) maintain close contact with the electorate and consult them on issues before or under discussion in the county assembly; Section 9(1)(b) present views, opinions and proposals of the electorate to the county assembly; Section 9(1)(c) attend sessions of the county assembly and its committees; Section 9(1)(d) provide a linkage between the county assembly and the electorate on public service delivery; and Section 9(1)(e) extend professional knowledge, experience or specialised knowledge to any issue for discussion in the county assembly. Section 9(2)(a) executive functions of the county government and its administration; or Section 9(2)(b) delivery of services as if the member were an officer or employee of the county government. Section 9(3) Members of a county assembly shall be sworn in by the county assembly clerk on the first sitting of the county assembly, in the manner set out in the Schedule to this Act. Section 9(4) Deleted by ActNo. 11 of 2020, s. 5. Section 9(5) Deleted by ActNo. 11 of 2020, s. 5. [Act No. 11 of 2020 , s. 5.] - 9A Verify source ↗
COUNTY ASSEMBLY - 9A. Speaker and deputy speaker
County assemblies must elect a deputy speaker from among their members; the deputy speaker must preside when the speaker is absent; if both are absent, members must elect one of themselves to preside.
Section 9A. Speaker and deputy speaker Section 9A(1) The speaker of a county assembly shall be elected, in accordance with standing orders of the respective county assemblies, from among persons who are eligible to be elected as members of a county assembly but are not such members. Section 9A(2) There shall be a deputy speaker for each county assembly who shall be elected by the county assembly, in accordance with standing orders of the respective county assemblies, from among the members of that county assembly. Section 9A(3) In the absence of the speaker, the deputy speaker shall preside at the sitting of the county assembly. Section 9A(4) In the absence of the speaker and deputy speaker, members of the county assembly shall elect, from among themselves, a person to preside at the sitting of the county assembly. [Act No. 11 of 2020 , s. 6.]
Part IV
ELECTORAL WARDS
- 26 Verify source ↗
ELECTORAL WARDS - 26. Number and delimitation of electoral Wards, etc
Section 26 limits total electoral Wards to 1,450 and directs the Independent Electoral and Boundaries Commission to delimit Wards so that each county has at least ten Wards (for the first general elections), no county has fewer than twenty-five Wards, reviews finish at least twelve months before county assembly elections, new boundaries take effect if an election is within twelve months of review completion, and the Commission must consult and consider specified factors and population-deviation limits.
Section 26. Number and delimitation of electoral Wards, etc Section 26(1) There shall be not more than one thousand four hundred and fifty electoral Wards for purposes of the election of county assembly members. Section 26(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 ten Wards. Section 26(3)(a) ensure that no county shall comprise less than twenty-five Wards; and Section 26(3)(b) be completed at least twelve months before a general election of county assembly members. Section 26(4) The requirements under subsection (3) above shall not apply to the review of Ward boundaries preceding the first election under this Act. Section 26(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 subsequent election. Section 26(6)(a) geographical features and urban centres; Section 26(6)(b) community of interest, historical, economic and cultural ties; and Section 26(6)(c) means of communication. Section 26(7)(a) forty per cent for cities and sparsely populated areas; or Section 26(7)(b) thirty per cent for the other areas. Section 26(8)(a) consult all interested parties; and Section 26(8)(b) progressively work towards ensuring that the number of inhabitants in each constituency and Ward is, as nearly as possible, equal to the population quota. - 27 Verify source ↗
ELECTORAL WARDS - 27. Recall of a county assembly member
The electorate in a county ward may recall their county assembly member before the end of the term on specified grounds, subject to timing limits.
Section 27. Recall of a county assembly member Section 27(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 specified in subsection (2). Section 27(2)(a) gross violation of the Constitution or any other law; Section 27(2)(b) incompetence; Section 27(2)(c) gross misconduct; or Section 27(2)(d) if convicted of an offence punishable by imprisonment for at least six months. Section 27(3) Deleted by ActNo. 11 of 2020, s. 9. Section 27(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 months immediately preceding the next general election. Section 27(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 assembly. Section 27(6) Deleted by ActNo. 11 of 2020, s. 9. [Act No. 11 of 2020 , s. 9.] - 28 Verify source ↗
ELECTORAL WARDS - 28. Petition for recall
Sets requirements and time limits for petitions to recall a ward representative, including petition form, supporter thresholds, verification and timelines for notice and election.
Section 28. Petition for recall Section 28(1)(a) in writing; Section 28(1)(b) signed by a petitioner who is a voter in the ward in respect of which the recall is sought; Section 28(1)(c) deleted by ActNo. 11 of 2020, s. 10. Section 28(2)(a) specify the grounds for the recall as specified under section 27 (2); Section 28(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 Ward; and Section 28(2)(c) be accompanied by the fee prescribed for an election petition. Section 28(3) The list of names referred to in subsection (2)(b) shall contain the names, address, national identity card or passport number and signature of the voters supporting the petition. Section 28(4) The voters supporting a petition under subsection (3) shall represent the diversity of the people in the Ward. Section 28(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 petition. Section 28(6) The Commission shall verify the list of names within a period of thirty days of receipt of that list. Section 28(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 speaker of the county assembly. Section 28(8) The Commission shall conduct a recall election within the Ward within ninety days of the publication of the question. [Act No. 11 of 2020 , s. 10.] - 29 Verify source ↗
ELECTORAL WARDS - 29. Recall elections
Independent Electoral and Boundaries Commission must frame the recall question (requiring a yes/no answer), assign a symbol for each answer, voting is by secret ballot, recall decided by simple majority; if removal occurs the Commission must conduct a by-election and the recalled member may run.
Section 29. Recall elections Section 29(1) Where a member of the county assembly is to be recalled under section 27 , the Independent Electoral and Boundaries Commission shall frame the question to be determined at the recall election. Section 29(2) A question referred to in subsection (1) shall be framed in such a manner as to require the answer "yes" or the answer "no". Section 29(3) The Commission shall assign a symbol for each answer to the recall question. Section 29(4) The voting at a recall election shall be by secret ballot. Section 29(5) A recall election shall be decided by a simple majority of the voters voting in the recall election. Section 29(6) Where a recall election results in the removal of a member of the county assembly, the Commission shall conduct a by-election in the affected Ward. Section 29(7) A member of the county assembly who has been recalled may run in the by-election conducted under subsection (6).
Part IX
PUBLIC COMMUNICATION AND ACCESS TO INFORMATION
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PUBLIC COMMUNICATION AND ACCESS TO INFORMATION - 93. Principles of public communication
Integrate communication into all development activities.
Section 93. Principles of public communication Section integration of communication in all development activities; - 94 Verify source ↗
PUBLIC COMMUNICATION AND ACCESS TO INFORMATION - 94. Objectives of county communication
Objective: create awareness on devolution and governance.
Section 94. Objectives of county communication Section create awareness on devolution and governance; - 95 Verify source ↗
PUBLIC COMMUNICATION AND ACCESS TO INFORMATION - 95. County communication framework
Section 95 lists county communication channels and requires the county government to encourage and facilitate other mass communication means including traditional media.
Section 95. County communication framework Section 95(1)(a) television stations; Section 95(1)(b) information communication technology centres; Section 95(1)(c) websites; Section 95(1)(d) community radio stations; Section 95(1)(e) public meetings; and Section 95(1)(f) traditional media. Section 95(2) The county government shall encourage and facilitate other means of mass communication including traditional media. - 96 Verify source ↗
PUBLIC COMMUNICATION AND ACCESS TO INFORMATION - 96. Access to information
Kenyan citizens have a right to request and obtain information held by county governments and other State organs; county governments must designate an office to ensure access, must enact county legislation (subject to national law), and such county legislation may impose reasonable fees for access.
Section 96. Access to information Section 96(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 organ in accordance with Article 35 of the Constitution. Section 96(2) Every county government and its agencies shall designate an office for purposes of ensuring access to information as required by subsection (1). Section 96(3) Subject to national legislation governing access to information, a county government shall enact legislation to ensure access to information. Section 96(4) A county legislation enacted pursuant to subsection (3), may impose reasonable fees or charges for accessing information held by the county government, its departments or agencies. - 97 Verify source ↗
PUBLIC COMMUNICATION AND ACCESS TO INFORMATION - 97. Inclusion and integration of minorities and marginalized groups
Protects marginalized and minority groups from discrimination and from any discriminatory treatment based on characteristics such as language, religion, culture, national or social origin, sex, caste, birth, descent or other status.
Section 97. Inclusion and integration of minorities and marginalized groups Section 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 or other status;
Part V
COUNTY EXECUTIVE
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COUNTY EXECUTIVE - 30. Functions and responsibilities of a county Governor
Lists functions and responsibilities of a county Governor, including executing constitutional and legislative functions, appointing and assigning county executive duties, submitting plans and reports, chairing the executive committee, representing the county, and promoting governance and citizen participation.
Section 30. Functions and responsibilities of a county Governor Section 30(1) Deleted by ActNo. 4 of 2019, s. 22 (a). Section 30(2)(a) diligently execute the functions and exercise the authority provided for in the Constitution and legislation; Section 30(2)(b) perform such State functions within the county as the President may from time to time assign on the basis of mutual consultations; Section 30(2)(c) represent the county in national and international fora and events; Section 30(2)(d) appoint, with the approval of the county assembly, the county executive committee in accordance with Article 179(2)(b) of the Constitution; Section 30(2)(e) constitute the county executive committee portfolio structure to respond to the functions and competencies assigned to and transferred to each county; Section 30(2)(f) submit the county plans and policies to the county assembly for approval; Section 30(2)(g) consider, approve and assent to bills passed by the county assembly; Section 30(2)(h) chair meetings of the county executive committee; Section 30(2)(i) by a decision notified in the county Gazette , assign to every member of the county executive committee, responsibility to ensure the discharge of any function within the county and the provision of related services to the people; Section 30(2)(j) submit to the county assembly an annual report on the implementation status of the county policies and plans; Section 30(2)(k) deliver annual state of the county address containing such matters as may be specified in county legislation; and Section 30(2)(l) sign and cause to be published in the county Gazette , notice of all important formal decisions made by the Governor or by the county executive committee. Section 30(3)(a) provide leadership in the county’s governance and development; Section 30(3)(b) provide leadership to the county executive committee and administration based on the county policies and plans; Section 30(3)(c) promote democracy, good governance, unity and cohesion within the county; Section 30(3)(d) promote peace and order within the county; Section 30(3)(e) promote the competitiveness of the county; Section 30(3)(f) be accountable for the management and use of the county resources; and Section 30(3)(g) promote and facilitate citizen participation in the development of policies and plans, and delivery of services in the county. - 31 Verify source ↗
COUNTY EXECUTIVE - 31. Powers of the Governor
The Governor may dismiss a county executive committee member.
Section 31. Powers of the Governor Section may dismiss a county executive committee member; - 32 Verify source ↗
COUNTY EXECUTIVE - 32. Functions of the deputy Governor
The deputy Governor must deputize for the Governor and may be assigned other county executive responsibilities; when acting under Article 179(5) the deputy Governor must not exercise the Governor's powers to nominate, appoint or dismiss, and the Governor must not delegate those functions to the deputy Governor.
Section 32. Functions of the deputy Governor Section 32(1) Deleted by ActNo. 4 of 2019, s. 22 (b). Section 32(2) The deputy Governor shall deputize for the Governor in the execution of the Governor’s functions. Section 32(3) The Governor may assign the deputy Governor any other responsibility or portfolio as a member of the county executive committee. Section 32(4) When acting in office as contemplated in Article 179(5) of the Constitution, 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 other written law. Section 32(5) The Governor shall not delegate to the deputy Governor any of the functions referred to in subsection (4). [Act No. 7 of 2016 , Sch., Act No. 4 of 2019 , s. 22(b).] - 32A Verify source ↗
COUNTY EXECUTIVE - 32A. Inability of Governor or deputy Governor to assume office
If the Governor-elect cannot assume office, the deputy Governor-elect must be sworn in as acting Governor on the day the Governor-elect would have been sworn in.
Section 32A. Inability of Governor or deputy Governor to assume office Section 32A(1)(a) the deputy Governor-elect shall be sworn in as acting Governor on the date on which the Governor elect would otherwise have been sworn-in; and Section 32A(1)(b) a fresh election to the office of Governor shall be held within sixty days after the death of the Governor-elect. Section 32A(2) If the deputy Governor-elect dies before assuming office or is unable to assume office for whatever reason, the office of the deputy Governor shall be declared vacant on the assumption of office by the person declared elected as the Governor. [Act No. 11 of 2020 , s. 12.] - 32B Verify source ↗
COUNTY EXECUTIVE - 32B. Assumption to office of Governor by the deputy Governor
The deputy Governor must, within fourteen days from the date the office of Governor became vacant, take and subscribe to the oath or affirmation in the First Schedule before assuming office.
Section 32B. Assumption to office of Governor by the deputy Governor Section within a period of fourteen days, from the date the office of Governor became vacant, take and subscribe to the oath or affirmation as set out in the First Schedule to this Act before assuming office; and - 32C Verify source ↗
COUNTY EXECUTIVE - 32C. Vacancy in the office of deputy Governor
Vacancy in the office of deputy Governor; the section text reads: "Section 32C. Vacancy in the office of deputy Governor Section dies;"
Section 32C. Vacancy in the office of deputy Governor Section dies; - 32D Verify source ↗
COUNTY EXECUTIVE - 32D. Filling of a vacancy in the office of deputy Governor
Sets the process and timing for filling a deputy Governor vacancy: the County Executive must nominate within 14 days and (with county assembly approval) appoint; the county assembly must consider and resolve a motion within 14 days or is deemed to have approved it; nominee must be eligible for election as Governor; defines when a deputy Governor is considered to have served a full term.
Section 32D. Filling of a vacancy in the office of deputy Governor Section 32D(1)(a) within fourteen days, nominate the deputy Governor; and Section 32D(1)(b) with the approval of the county assembly, appoint a deputy Governor. Section 32D(2) A person nominated for appointment as deputy Governor under subsection (1) shall be a person eligible for election as Governor. Section 32D(3)(a) consider a motion for approval for the appointment of the deputy Governor, within fourteen days, and resolve whether to approve the motion; and Section 32D(3)(b) be deemed to have approved the motion for the appointment of the deputy Governor upon the lapse of fourteen days and having failed to make a resolution. Section 32D(4) A motion for the approval for appointment of a deputy Governor shall be supported by a majority of the members of a county assembly. Section 32D(5)(a) to have served a full term as county deputy Governor if, at the date on which the person is appointed, more than two and a half years remain before the date of the next regularly scheduled election under Article 180(1) of the Constitution; or Section 32D(5)(b) not to have served a term of office as county deputy Governor, in any other case. - 33 Verify source ↗
COUNTY EXECUTIVE - 33. Removal of a Governor
A county assembly member may move to remove a Governor if supported by at least one-third; the speaker must notify the Speaker of the Senate within two days; the Senate may investigate, appoint an eleven-member special committee, and, if a majority of county delegations uphold charges, the Governor ceases to hold office.
Section 33. Removal of a Governor Section 33(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 of the Governor under Article 181 of the Constitution. Section 33(2)(a) the speaker of the county assembly shall inform the Speaker of the Senate of that resolution within two days; and Section 33(2)(b) the Governor shall continue to perform the functions of the office pending the outcome of the proceedings required by this section. Section 33(3)(a) the Speaker of the Senate shall convene a meeting of the Senate to hear charges against the Governor; and Section 33(3)(b) the Senate, by resolution, may appoint a special committee comprising eleven of its members to investigate the matter. Section 33(4)(a) investigate the matter; and Section 33(4)(b) report to the Senate within ten days on whether it finds the particulars of the allegations against the Governor to have been substantiated. Section 33(5) The Governor shall have the right to appear and be represented before the special committee during its investigations. Section 33(6)(a) have not been substantiated, further proceedings shall not be taken under this section in respect of that allegation; or Section 33(6)(b) have been substantiated, the Senate shall, after according the Governor an opportunity to be heard, vote on the impeachment charges. Section 33(7) If a majority of all the county delegations of the Senate vote to uphold any impeachment charge, the Governor shall cease to hold office. Section 33(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 months from the date of such vote. Section 33(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 the removal of a Governor. Section 33(9A) Subsections (1) to (9) shall, with necessary modifications, apply to the removal from office of a deputy Governor. Section 33(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 Constitution. [Act No. 11 of 2020 , s. 13.] - 34 Verify source ↗
COUNTY EXECUTIVE - 34. Exercise of executive authority
Exercise of executive authority in accordance with the Constitution and relevant national and county legislation.
Section 34. Exercise of executive authority Section in accordance with the Constitution and relevant national and county legislation; - 35 Verify source ↗
COUNTY EXECUTIVE - 35. Appointment of county executive members
A member of the county executive committee must not hold any other State or public office.
Section 35. Appointment of county executive members Section 35(1)(a) ensure that to the fullest extent possible, the composition of the executive committee reflects the community and cultural diversity of the county; and Section 35(1)(b) take into account the principles of affirmative action as provided for in the Constitution. Section 35(2)(a) not more than two thirds of either gender; Section 35(2)(b) representation of the minorities, marginalized groups and communities; and Section 35(2)(c) community and cultural diversity within the county. Section 35(3)(a) is a Kenyan citizen; Section 35(3)(b) is a holder of at least a first degree from a university recognised in Kenya; Section 35(3)(c) satisfies the requirements of Chapter Six of the Constitution; and Section 35(3)(d) has knowledge, experience and a distinguished career of not less than five years in the field relevant to the portfolio of the department to which the person is being appointed. Section 35(4) A member of the county executive committee shall not hold any other State or public office. - 36 Verify source ↗
COUNTY EXECUTIVE - 36. Functions of the executive committee
The county executive committee must supervise county service administration and delivery, perform functions conferred by the Constitution or national legislation, and carry out incidental functions; it also has power to determine its programme and committee members must observe integrity and disclose interests.
Section 36. Functions of the executive committee Section 36(1)(a) supervise the administration and delivery of services in the county and all decentralized units and agencies in the county; Section 36(1)(b) perform any other functions conferred on it by the Constitution or national legislation; and Section 36(1)(c) carry out any function incidental to any of the assigned functions. Section 36(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 before the committee. - 37 Verify source ↗
COUNTY EXECUTIVE - 37. Role of the executive committee in urban area or city planning
The executive committee must monitor the process of planning, formulation and adoption of the integrated development plan by a city or municipality within the county.
Section 37. Role of the executive committee in urban area or city planning Section monitor the process of planning, formulation and adoption of the integrated development plan by a city or municipality within the county; - 38 Verify source ↗
COUNTY EXECUTIVE - 38. Oath of office for the executive committee
A person appointed as a member of the county executive committee must take the prescribed oath or affirmation of office before assuming office.
Section 38. Oath of office for the executive committee Section A person appointed as a member of the county executive committee under Article 179 of the Constitution shall take the prescribed oath or affirmation of office provided in the First Schedule to this Act before assuming office. [Act No. 7 of 2016 , Sch.] - 39 Verify source ↗
COUNTY EXECUTIVE - 39. Accountability of members of the executive committee
Members of the county executive committee must be individually and collectively accountable to the Governor when exercising their powers and performing their duties and responsibilities.
Section 39. Accountability of members of the executive committee Section 39(1) The members of the county executive committee are individually and collectively accountable to the Governor in the exercise of their powers and performance of their duties and responsibilities. Section 39(2)(a) attend or appear before the committee; and Section 39(2)(b) answer any question relating to the member’s responsibilities. - 40 Verify source ↗
COUNTY EXECUTIVE - 40. Removal of member of executive committee
Sets grounds for removal and a process: the county assembly appoints a five-member select committee to investigate; the committee must report within ten days; the member may appear and be represented; if substantiated the county assembly votes on dismissal, the speaker delivers the resolution to the Governor, and the Governor shall dismiss the member.
Section 40. Removal of member of executive committee Section 40(1) Deleted by ActNo. 11 of 2020, s. 14. Section 40(2)(a) gross violation of the Constitution or any other law; Section 40(2)(b) incompetence; Section 40(2)(c) abuse of office; Section 40(2)(d) gross misconduct; or Section 40(2)(e) if convicted of an offence punishable by imprisonment for at least six months. Section 40(3)(a) the county assembly shall appoint a select committee comprising five of its members to investigate the matter; and Section 40(3)(b) the select committee shall report, within ten days, to the county assembly whether it finds the allegations against the county executive committee member to be substantiated. Section 40(4) The county executive committee member has the right to appear and be represented before the select committee during its investigations. Section 40(5)(a) unsubstantiated, no further proceedings shall be taken; or Section 40(5)(b) substantiated, the county assembly shall vote whether to approve the resolution requiring the county executive committee member to be dismissed. Section 40(6)(a) the speaker of the county assembly shall promptly deliver the resolution to the Governor; and Section 40(6)(b) the Governor shall dismiss the county executive committee member. - 41 Verify source ↗
COUNTY EXECUTIVE - 41. Meetings of the county executive committee
Records must be kept of deliberations; quorum, voting majorities and public access rules are set for county executive committee meetings.
Section 41. Meetings of the county executive committee Section 41(1) The deliberations of all meetings of the county executive committee shall be recorded in writing. Section 41(2) The quorum of a meeting of a county executive committee shall be more than one half of its membership. Section 41(3) A resolution of the county executive committee shall be by a majority of the members present and voting. Section 41(4) A resolution arrived at pursuant to subsection (2) shall be accessible to the public. - 42 Verify source ↗
COUNTY EXECUTIVE - 42. County executive to remain in office after elections
After a county government election the outgoing county executive committee must remain in office until a new county executive committee is constituted, and the constitution of that new committee must be finalized within twenty-one days of the swearing-in of the county assembly members.
Section 42. County executive to remain in office after elections Section 42(1) When a general election is held for a county government, the outgoing county executive committee shall remain in office until a new county executive committee is constituted after the election. Section 42(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 members of the county assembly. - 43 Verify source ↗
COUNTY EXECUTIVE - 43. Representation of county government by Attorney-General in court
A county government may request the Attorney-General to represent the county government in court or other legal proceedings, except in criminal proceedings; this is pursuant to Article 156(4) of the Constitution.
Section 43. Representation of county government by Attorney-General in court Section 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 in criminal proceedings. - 44 Verify source ↗
COUNTY EXECUTIVE - 44. Appointment of county secretary
Section 44 establishes the office of county secretary, sets minimum qualifications, requires a Governor-appointed selection process, defines appointment and removal procedures, fixes a five-year term (renewable once), makes the county secretary an ex officio (non-voting) member of the County Executive Committee, and allows resignation on thirty days' written notice.
Section 44. Appointment of county secretary Section 44(1) There is established for each county the office of the county secretary who shall be secretary to the county executive committee. Section 44(2)(a) is a citizen of Kenya; Section 44(2)(b) holds a degree from a university recognized in Kenya; Section 44(2)(c) has at least ten years relevant professional experience; Section 44(2)(d) has at least five years' experience in a leadership position at senior management level in a public service or private sector organization; and Section 44(2)(e) meets the requirements of leadership and integrity as prescribed in Chapter Six of the Constitution. Section 44(2A) The Governor shall, for the purpose of competitive recruitment of a county secretary under subsection (2), constitute a selection panel. Section 44(2B)(a) a Chairperson, not being a public officer; Section 44(2B)(b) one person from the private sector; Section 44(2B)(c) an Advocate of the High Court of Kenya, who is a member of the Law Society of Kenya; Section 44(2B)(d) an accountant who is a member of the Institute of Certified Public Accountants of Kenya; and Section 44(2B)(e) one person from an association representing workers. Section 44(2C) The provisions of section 58A shall, with such modification as shall be necessary apply to the recruitment of a county secretary. Section 44(2D)(a) the selection panel shall submit to the Governor the names of two applicants who qualify for appointment as county secretary; and Section 44(2D)(b) the Governor shall submit the name of one applicant to the county assembly for approval for appointment as county secretary by the Governor. Section 44(2E) The county secretary shall hold office for a term of five years and shall be eligible for reappointment once. Section 44(2F) The county secretary shall be an ex officio member of the County Executive Committee with no voting rights. Section 44(3)(a) be the head of the county public service; Section 44(3)(b) be responsible for arranging the business, and keeping the minutes, of the county executive committee subject to the directions of the executive committee; Section 44(3)(c) convey the decisions of the county executive committee to the appropriate persons or authorities; and Section 44(3)(d) perform any other functions as directed by the county executive committee. Section 44(3A)(a) inability to perform functions of the office arising out of physical or mental infirmity; Section 44(3A)(b) incompetence; Section 44(3A)(c) gross misconduct; Section 44(3A)(d) bankruptcy; or Section 44(3A)(e) violation of the Constitution. Section 44(3B) Before removal under subsection (3A), the county secretary shall be informed, in writing, of the reasons for the intended removal. Section 44(3C) Subject to subsections (3A) and (3B) and conditions of appointment, a county secretary may be removed from office by the Governor. Section 44(4) The county secretary may resign from office by giving thirty days written notice to the Governor. [Act No. 11 of 2020 , s. 15.] - 45 Verify source ↗
COUNTY EXECUTIVE - 45. Appointment of county chief officers
Section 45 requires nomination of qualified county chief officers recommended by the County Public Service Board and, with county assembly approval, their appointment; it makes the office part of the county public service, assigns responsibilities to report to the county executive committee member, designates the county chief officer as the authorized officer for delegated powers, permits the Governor to re-assign a county chief officer, and lists death, resignation by written notice to the Governor, or removal under applicable terms or written law as endings of office.
Section 45. Appointment of county chief officers Section 45(1)(a) nominate qualified and experienced county chief officers from among persons competitively sourced and recommended by the County Public Service Board; and Section 45(1)(b) with the approval of the county assembly, appoint county chief officers. Section 45(2) The office of a county chief officer shall be an office in the county public service. Section 45(3) A county chief officer shall be responsible to the respective county executive committee member for the administration of a county department as provided under section 46 . Section 45(4) The county chief officer shall be the authorized officer in respect of the exercise of delegated power. Section 45(5) The Governor may re-assign a county chief officer. Section 45(6)(a) dies; Section 45(6)(b) resigns by notice in writing addressed to the Governor; or Section 45(6)(c) is removed from office in accordance with the terms of service or any other written law applicable to the officer. - 46 Verify source ↗
COUNTY EXECUTIVE - 46. County executive committee to determine organisation of county
The County Executive Committee decides how the county is organised, including creating, varying, abolishing and naming departments, and must ensure departments are responsive, accountable, performance-oriented and aligned with county policies.
Section 46. County executive committee to determine organisation of county Section 46(1)(a) establish, continue or vary any department, and determine the objects and purposes of the department; Section 46(1)(b) determine the number and nature of departments at the decentralized units; Section 46(1)(c) abolish any department; and Section 46(1)(d) determine or change the name of any department. Section 46(2)(a) be responsive to the needs of the local community and the functions and competencies assigned to and transferred to the county; Section 46(2)(b) facilitate a culture of public service and accountability in the county public service; Section 46(2)(c) be performance oriented and focused on the objects of devolved government set out in Article 174 of the Constitution; Section 46(2)(d) ensure that the county departments align their roles and responsibilities with the priorities and objectives set out in the county’s policies and plans; Section 46(2)(e) organise its departments and other structures in a flexible way in order to respond to changing priorities and circumstances; Section 46(2)(f) assign clear responsibilities for the management and coordination of departments and functions; Section 46(2)(g) allow participatory decision making as far as is practicable; and Section 46(2)(h) provide an equitable, fair, open and non-discriminatory working environment. - 47 Verify source ↗
COUNTY EXECUTIVE - 47. Performance management plan
The county executive committee must design a performance management plan to evaluate county public service performance and policy implementation; the Governor must submit annual performance reports of the county executive committee and public service to the county assembly; the plan and reports are to be public documents.
Section 47. Performance management plan Section 47(1) The county executive committee shall design a performance management plan to evaluate performance of the county public service and the implementation of county policies. Section 47(2)(a) objective, measurable and time bound performance indicators; Section 47(2)(b) linkage to mandates; Section 47(2)(c) annual performance reports; Section 47(2)(d) citizen participation in the evaluation of the performance of county government; and Section 47(2)(e) public sharing of performance progress reports. Section 47(3) The Governor shall submit the annual performance reports of the county executive committee and public service to the county assembly for consideration. Section 47(4) The performance management plan and reports under this section shall be public documents.
Part VI
DECENTRALIZED UNITS
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DECENTRALIZED UNITS - 48. Decentralized units
Decentralized units in a county include urban areas and cities, sub-counties (constituencies), Wards, village units (as determined by the county assembly), and other units a county government may determine.
Section 48. Decentralized units Section 48(1)(a) the urban areas and cities within the county established in accordance with the Urban Areas and Cities Act (Cap. 275); Section 48(1)(b) the sub-counties equivalent to the constituencies within the county established under Article 89 of the Constitution; Section 48(1)(c) the Wards within the county established under Article 89 of the Constitution and section 26 ; Section 48(1)(d) such number of village units in each county as may be determined by the county assembly of the respective county; and Section 48(1)(e) such other or further units as a county government may determine. Section 48(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 considered as falling under subsection (1)(a). Section 48(3)(a) population size; Section 48(3)(b) geographical features; Section 48(3)(c) community of interest, historical, economic and cultural ties; and Section 48(3)(d) means of communication. Section 48(4) A county assembly shall enact legislation to provide for the delineation and establishment of the village units in the county. Section 48(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 decentralizing its functions and provision of its services in accordance with Article 176(2) of the Constitution. - 49 Verify source ↗
DECENTRALIZED UNITS - 49. Urban areas and cities structures
Structures and functions of urban areas and cities are governed by the Urban Areas and Cities Act (Cap. 275).
Section 49. Urban areas and cities structures Section The structures and functions of urban areas and cities shall be as is provided for in the Urban Areas and Cities Act (Cap. 275). - 50 Verify source ↗
DECENTRALIZED UNITS - 50. Office of the sub-county administrator
Establishes the office of sub-county administrator and sets qualifications, appointment by the County Public Service Board, listed functions, delegated powers under section 86, and responsibility to the county chief officer.
Section 50. Office of the sub-county administrator Section 50(1) There shall be established at the level of each sub-county the office of the sub-county administrator. Section 50(2) The sub-county administrator shall have qualifications and knowledge in administration or management and shall be competitively appointed by the County Public Service Board in accordance with the provisions of this Act. Section 50(3)(a) the development of policies and plans; Section 50(3)(b) service delivery; Section 50(3)(c) developmental activities to empower the community; Section 50(3)(d) the provision and maintenance of infrastructure and facilities of public services; Section 50(3)(e) the county public service; Section 50(3)(f) exercise any functions and powers delegated by the County Public Service Board under section 86 ; and Section 50(3)(g) facilitation and coordination of citizen participation in the development of policies and plans and delivery of services. Section 50(4) In carrying out the functions and obligations in subsection (3), the sub- county administrator shall be responsible to the relevant county chief officer. - 51 Verify source ↗
DECENTRALIZED UNITS - 51. Establishment of the office of Ward administrator
Each Ward in a county has an established office of Ward administrator; the Ward administrator must have professional qualifications and be competitively appointed, performs listed functions (policy development, service delivery, community development, infrastructure maintenance, county public service duties, delegated powers under section 86, and coordinating citizen participation), and is responsible to the sub-county administrator.
Section 51. Establishment of the office of Ward administrator Section 51(1) There is established for each Ward in a county the office of the Ward administrator. Section 51(2) The Ward administrator shall have professional qualifications and technical knowledge in administration and shall be competitively appointed by the County Public Service Board in accordance with the provisions of this Act. Section 51(3)(a) the development of policies and plans; Section 51(3)(b) service delivery; Section 51(3)(c) developmental activities to empower the community; Section 51(3)(d) the provision and maintenance of infrastructure and facilities of public services; Section 51(3)(e) the county public service; Section 51(3)(f) exercise any functions and powers delegated by the County Public Service Board under section 86 ; and Section 51(3)(g) coordination and facilitation of citizen participation in the development of policies and plans and delivery of services. Section 51(4) In carrying out the functions and obligations in subsection (3), the Ward administrator shall be responsible to the sub-county administrator. - 52 Verify source ↗
DECENTRALIZED UNITS - 52. Establishment of the office of village administrator
Establishes an office of village administrator for each village unit; village administrators must have professional qualifications and technical knowledge, perform specified functions (including coordinating participation in governance and building administrative capacity), may exercise delegated functions under section 86, are appointed by the County Public Service Board, and are responsible to the relevant Ward administrator.
Section 52. Establishment of the office of village administrator Section 52(1) There is established the office of village administrator for each village unit established in a county. Section 52(2) A village administrator shall have professional qualifications and technical knowledge in administration and shall be appointed by the County Public Service Board in accordance with the provisions of this Act. Section 52(3)(a) ensuring and coordinating the participation of the village unit in governance; and Section 52(3)(a)(i) ensuring and coordinating the participation of the village unit in governance; and Section 52(3)(a)(ii) assisting the village unit to develop the administrative capacity for the effective exercise of the functions and powers and participation in governance at the local level; and Section 52(3)(b) the exercise of any functions and powers delegated by the County Public Service Board under section 86 . Section 52(4) In carrying out the functions and obligations in subsection (3), a village administrator shall be responsible to the relevant Ward administrator. - 53 Verify source ↗
DECENTRALIZED UNITS - 53. Village council
The village council includes the village administrator as Chairperson and between three and five competitively appointed village elders; elders must meet specified eligibility criteria and shall be paid an allowance determined by the county assembly.
Section 53. Village council Section 53(1)(a) the village administrator who shall be the Chairperson of the village council; and Section 53(1)(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 balance. Section 53(2)(a) ensuring and coordinating the participation of the village unit in governance; Section 53(2)(b) assisting the village unit to develop the administrative capacity for the effective exercise of the functions and powers and participation in governance at the local level; Section 53(2)(c) monitoring the implementation of policies at the village unit; Section 53(2)(d) advising the ward administrator and sub-county administrator on matters pertaining to the village; and Section 53(2)(e) any other function necessary for the better administration of the village unit. Section 53(3)(a) is a citizen of Kenya; Section 53(3)(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 years prior to the appointment date; Section 53(3)(c) meets the requirements of Chapter Six of the Constitution; and Section 53(3)(d) is not disqualified for appointment to office by this Act or any other law. Section 53(4) A village elder shall be paid such allowance as shall be determined by the respective county assembly. - 54 Verify source ↗
DECENTRALIZED UNITS - 54. Structures of decentralization
Section 54 sets out county-level decentralization structures, establishes a consultative forum for each county (chaired by the Governor or specified alternates), permits that forum to carry out additional county-legislated functions, requires the Governor to chair other county committees established under specified constitutional articles, and requires the Governor to receive regular briefings from the county security committee.
Section 54. Structures of decentralization Section 54(1) There shall be such further structures of decentralization as may be provided for in county legislation. Section 54(2) There shall be, for every county, a consultative forum for the co-ordination of development activities consisting of the heads of departments in the county and heads of recognised professional bodies in the county. Section 54(3) The consultative forum shall be chaired by the Governor or in his or her absence, the deputy Governor, and in the absence of both, a member of the county executive committee designated by the Governor. Section 54(4) The consultative forum may carry out such other function as may be provided in any county legislation. Section 54(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 Constitution. Section 54(6) The Governor shall receive regular briefings from county security committee referred to under section 41(1)(d) of the National Police Service Act (Cap. 84). [Act No. 7 of 2016 , Sch.]
Part VII
COUNTY PUBLIC SERVICE
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COUNTY PUBLIC SERVICE - 55. Objectives
Provides for evaluation and reporting on the extent to which the values and principles in Articles 10 and 232 of the Constitution are complied with in the county public service.
Section 55. Objectives Section provide for evaluation and reporting on the extent to which the values and principles referred to in Articles 10 and 232 of the Constitution are complied with in the county public service; - 56 Verify source ↗
COUNTY PUBLIC SERVICE - 56. County to have county public service
Each county must have its own county public service.
Section 56. County to have county public service Section 56(1) Each county shall, in accordance with Article 235 of the Constitution, have its own public service to be known as county public service. Section 56(2) The county public service shall be headed by a county secretary appointed under section 44 . Section 56(3) For purposes of subsection (1), the designation county public officer shall be restricted to an officer appointed by the county government. - 57 Verify source ↗
COUNTY PUBLIC SERVICE - 57. Establishment of the County Public Service Board
Establishes the County Public Service Board as a body corporate with perpetual succession and a seal.
Section 57. Establishment of the County Public Service Board Section a body corporate with perpetual succession and a seal; and - 58 Verify source ↗
COUNTY PUBLIC SERVICE - 58. Composition of the County Public Service Board
Section 58 sets out the composition, membership numbers, secretary appointment, qualifications, term length, part‑time service, grounds for removal, election of a vice‑Chairperson, and gender requirement for Chairperson and vice‑Chairperson of the County Public Service Board.
Section 58. Composition of the County Public Service Board Section 58(1)(a) a Chairperson appointed in accordance with section 58A ; Section 58(1)(b) at least three but not more than five members appointed in accordance with section 58A ; Section 58(1)(c) a certified public secretary of good professional standing nominated and appointed by the Governor, with the approval of the county assembly, who shall be the secretary to the board. Section 58(2) Deleted by ActNo. 11 of 2020, s. 17. Section 58(3)(a) satisfies the provisions of Chapter Six of the Constitution; Section 58(3)(b) is not a state or public officer; Section 58(3)(ba) a member of Parliament or of a county assembly; or Section 58(3)(ba)(i) a member of Parliament or of a county assembly; or Section 58(3)(ba)(ii) a member of the governing body of a political party; Section 58(3)(bb) is, or as at any time been, a candidate for election as a member of Parliament or of a county assembly; Section 58(3)(bc) is, or has at any time been, the holder of an office in any political organisation that sponsors or otherwise supports, or has at any time sponsored or otherwise supported, a candidate for election as a member of Parliament or of a county assembly; Section 58(3)(c) in the case of Chairperson or vice-Chairperson, possesses a minimum qualification of a bachelor’s degree from a recognised university and working experience of not less than ten years; and Section 58(3)(d) possesses a minimum of a bachelor’s degree from a recognised university and working experience of not less than five years; and Section 58(3)(d)(i) possesses a minimum of a bachelor’s degree from a recognised university and working experience of not less than five years; and Section 58(3)(d)(ii) is a professional, demonstrates absence of breach of the relevant professional code of conduct. Section 58(4)(a) hold office for a non-renewable term of six years; and Section 58(4)(b) may serve on a part-time basis. Section 58(5)(a) on grounds set out for the removal of members of a constitutional commission under Article 251(1) of the Constitution; and Section 58(5)(b) by a vote of not less than seventy five percent of all the members of the county assembly. Section 58(6) The board shall elect a vice-Chairperson from amongst its members. Section 58(7) The Chairperson and vice-Chairperson shall be of opposite gender. [Act No. 11 of 2020 , s. 17.] - 58A Verify source ↗
COUNTY PUBLIC SERVICE - 58A. Procedure for nomination and appointment of members of the Board
Sets the procedure for nominating and appointing members of a county public service board, including appointment of a selection panel by the Governor (with county assembly approval), panel composition, timelines for meetings, advertising and nomination steps, and dissolution of the panel.
Section 58A. Procedure for nomination and appointment of members of the Board Section 58A(1) Whenever a vacancy arises in a county public service board, the Governor shall nominate and, with the approval of the county assembly, appoint members to a selection panel for the purpose of selecting suitable candidates for appointment as members of the county public service board. Section 58A(2)(a) a Chairperson, not being a public officer; Section 58A(2)(b) one person from the private sector; Section 58A(2)(c) an Advocate of the High Court of Kenya, who is a member of the Law Society of Kenya; Section 58A(2)(d) an accountant who is a member of the Institute of Certified Public Accountants of Kenya; and Section 58A(2)(e) one person from an association representing workers. Section 58A(3) The Governor shall, in nominating members to the selection panel, ensure that not more than two-thirds of the nominees are of the same gender. Section 58A(4) The Chairperson shall convene the first meeting of the selection panel within five days of his or her appointment. Section 58A(5) The selection panel shall, within seven days of convening, invite applications from persons who qualify for nomination and appointment as Chairperson or member of the county public service board by advertisement in at least two daily newspapers of national circulation. Section 58A(6)(a) consider the applications to determine their compliance with the provisions of the Constitution and this Act; Section 58A(6)(b) shortlist the applicants; Section 58A(6)(c) interview the shortlisted applicants; and Section 58A(6)(d) submit the names of three qualified applicants for the position of Chairperson, six qualified applicants for the position of a member and two qualified applicants for the position secretary to the Governor. Section 58A(7) The Governor shall, within seven days of receipt of the names forwarded under subsection (6), nominate one person, and at least three but not more than five others for appointment as Chairperson and members of the county public service board, respectively, and forward the names to the county assembly for approval. Section 58A(8) The county assembly shall, within twenty one days of receipt of the names of the nominees from the Governor, consider each nomination received under subsection (7) and approve or reject any of them. Section 58A(9) Where the county assembly approves the nominees, the Speaker of the county assembly shall, within five days, forward the names of the approved applicants to the Governor for appointment. Section 58A(10) Where the county assembly rejects any nominee, the Speaker shall within five days communicate the decision of the county assembly to the Governor and request the Governor to submit fresh nominations from amongst the persons shortlisted and forwarded by the selection panel under subsection (6). Section 58A(11) If the county assembly rejects any or all of the subsequent nominees submitted by the Governor for approval under subsection (9), the provisions of subsections (6) and (7) shall apply. Section 58A(12) The selection panel shall stand dissolved upon the appointment of the Chairperson and members under subsection (9). Section 58A(13) Where the provisions of subsection (10) apply, the selection panel shall continue to exist but shall stand dissolved upon the requisite appointments being made. Section 58A(14) The department responsible for public service shall provide secretariat services to the selection panel. Section 58A(15)(a) observe the principle of gender equity, ethnic and other diversities of the people of Kenya, and shall ensure equality of opportunity for persons with disabilities; and Section 58A(15)(b) take into account the national values and principles set out in Articles 10, 27 and 232 of the Constitution. Section 58A(16) Despite the foregoing provisions of this section, the Governor may extend the period specified in respect of any matter under this section by a period not exceeding fourteen days. Section 58A(17) Subject to this section, the selection panel may determine its own procedure. [Act No. 11 of 2020 , s. 18.] - 59 Verify source ↗
COUNTY PUBLIC SERVICE - 59. Functions and powers of a County Public Service Board
The County Public Service Board must perform specified functions including creating/abolishing county public service offices; appointing and disciplining staff; preparing and publishing reports to the county assembly; promoting and reporting on national values and principles; advising on human resource matters; and recommending pay matters to the Salaries and Remuneration Commission.
Section 59. Functions and powers of a County Public Service Board Section 59(1)(a) establish and abolish offices in the county public service; Section 59(1)(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 and to confirm appointments; Section 59(1)(c) exercise disciplinary control over, and remove, persons holding or acting in those offices as provided for under this Part; Section 59(1)(d) prepare regular reports for submission to the county assembly on the execution of the functions of the Board; Section 59(1)(e) promote in the county public service the values and principles referred to in Articles 10 and 232; Section 59(1)(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 complied with in the county public service; Section 59(1)(g) facilitate the development of coherent, integrated human resource planning and budgeting for personnel emoluments in counties; Section 59(1)(h) advise the county government on human resource management and development; Section 59(1)(i) advise county government on implementation and monitoring of the national performance management system in counties; Section 59(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 employees. Section 59(2) In appointing a person as a secretary to a board of a city or an urban area under subsection (1)(b), the County Public Service Board shall ensure that such person is a certified public secretary of good professional standing. Section 59(3) The reports under subsection (1)(d) shall contain the details of persons appointed including gender, persons with disabilities, persons from the minority and marginalized communities. Section 59(4)(a) inform and educate county public officers and the public about the values and principles; Section 59(4)(b) recommend to the county government effective measures to promote the values and principles; Section 59(4)(c) assist county government in the formulation and implementation of programmes intended to inculcate in public officers the duty to uphold the values and principles; Section 59(4)(d) advise the county governments on their obligations under international treaties and conventions on good governance in the county public service; Section 59(4)(e) visit any county public office or body with a view to assessing and inspecting the status of compliance with the values and principles; Section 59(4)(f) investigate, on its own initiative or upon a complaint made by any person or group of persons, the violation of any values and principles; Section 59(4)(g) recommend to the relevant lawful authority, any necessary action in view of the violation of the values and principles by any person or public body; Section 59(4)(h) cooperate with other institutions working in the field of good governance in the public service; and Section 59(4)(i) perform any other functions as the Board considers necessary for the promotion of the values and principles. Section 59(5)(a) be delivered each December to the county assembly; Section 59(5)(b) include all the steps taken and decisions made by the board; Section 59(5)(c) include specific recommendations that require to be implemented in the promotion and protection of the values and principles; Section 59(5)(d) include specific decisions on particulars of persons or public body who have violated the values and principles, including action taken or recommended against them; Section 59(5)(e) include any impediment in the promotion of the values and principles; and Section 59(5)(f) include the programmes the board is undertaking or has planned to undertake in the medium term towards the promotion of the values and principles. Section 59(6) The Board shall publish a report required under this section in the county Gazette not later than seven days after the report has been delivered to the county assembly. [Act No. 7 of 2016 , Sch.] - 59A Verify source ↗
COUNTY PUBLIC SERVICE - 59A. Independence of the county public service board
The county public service board must be independent and must not be subject to direction or control by any other person or authority.
Section 59A. Independence of the county public service board Section be independent and shall not be subject to the direction or control of any other person or authority; and - 60 Verify source ↗
COUNTY PUBLIC SERVICE - 60. Criteria for establishment of public offices, etc
Sets criteria for creating county public service offices and requires the County Public Service Board to consider limits on personnel emoluments when funding is determined; requires heads of department to submit written requests complying with the section's conditions.
Section 60. Criteria for establishment of public offices, etc Section 60(1)(a) the establishment of the public office shall serve public interest in line with the core functions of the county government; Section 60(1)(b) there exists no other public office in the county public service discharging or capable of discharging the duties for which the county is requested to establish another office; Section 60(1)(c) upon the establishment of the office, the office shall be vacant to be filled competitively and transparently in accordance with the prescribed appointment or promotion procedures; Section 60(1)(d) the establishment of the office including its level of grading, qualification and remuneration shall not disadvantage similar offices in the county public service or occasion unfair competition for staff among county public bodies; Section 60(1)(e) the establishment of the office shall not confer unfair advantage to a group of or individual serving public officers; Section 60(1)(f) the county government entity has prudently utilized offices previously provided in its establishment; and Section 60(1)(g) funding for the office to be established is duly provided for. Section 60(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 other budgetary provisions in the recurrent vote. Section 60(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 of department. Section 60(4)(a) the overall workload in the county public service concerned; and Section 60(4)(b) the suitability of that department but not any other to be the domicile of the public office to be established. - 61 Verify source ↗
COUNTY PUBLIC SERVICE - 61. Criteria for abolition of public offices
The County Public Service Board must follow due process (including removal or retirement and principles of natural justice) before abolishing an office, except where the officer has been re-deployed.
Section 61. Criteria for abolition of public offices Section 61(1)(a) the abolition of the public office shall serve the public interest in view of the core functions of the county government; Section 61(1)(b) there exists another public office in the county public service discharging or capable of discharging the duties of the office which the county government is requested to abolish; Section 61(1)(c) eliminate unfair competition for staff among county public service departments; and Section 61(1)(c)(i) eliminate unfair competition for staff among county public service departments; and Section 61(1)(c)(ii) to promote parity of treatment among officers of similar qualifications holding public offices with the same responsibilities; Section 61(1)(d) the abolition of the office shall not confer unfair advantage to a group of, or individual public officer; or Section 61(1)(e) the county government or office has been reorganized or abolished. Section 61(2) 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 justice, unless the affected public officer has been re-deployed to another office. - 62 Verify source ↗
COUNTY PUBLIC SERVICE - 62. Powers of the County Public Service Board to establish or abolish office
The County Public Service Board may, on its own motion and taking into account this Part, establish or abolish any county public service office; if it intends to do so it must submit a proposal to the county assembly via the county executive committee member; it must give the concerned county chief officer an opportunity to make representations; if an established office remains unfilled for twelve months it is abolished and the Board is not required to decide to abolish it.
Section 62. Powers of the County Public Service Board to establish or abolish office Section 62(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 service. Section 62(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 committee member responsible for the county public service. Section 62(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 action to be taken under this section before making the decision in that regard. Section 62(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 Board shall not be required to make a decision to abolish that office. - 63 Verify source ↗
COUNTY PUBLIC SERVICE - 63. Powers of the County Public Service Board to make appointments
The County Public Service Board has the power to make appointments, including promotions, to offices in the county public service, subject to the Constitution or legislation.
Section 63. Powers of the County Public Service Board to make appointments Section 63(1) Except as provided for in the Constitution or legislation, the County Public Service Board has the power to make appointments including promotions in respect of offices in the county public service. Section 63(2)(a) at the request of the relevant county chief officer of the department to which the appointment is to be made; Section 63(2)(b) deleted by ActNo. 11 of 2020, s. 20; Section 63(2)(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 public officers taking into account the circumstances of each case. - 64 Verify source ↗
COUNTY PUBLIC SERVICE - 64. No unqualified person may be appointed in acting capacity
Acting appointments to public office must meet prescribed qualifications; acting appointments may only be made by the lawful appointing authority and must be for a specified period; delegation or deployment is allowed in limited circumstances and must meet competence and non‑undermining conditions; the County Public Service Board must take corrective action if contrary appointments occur.
Section 64. No unqualified person may be appointed in acting capacity Section 64(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 that public office. Section 64(2) Acting appointments shall be made only by the lawful appointing authority and for a specified period. Section 64(3)(a) delegating a duty for which the law does not prohibit delegation; or Section 64(3)(b) deploying another officer to perform duties vested in another office during a temporary absence. Section 64(4)(a) be made by an officer who is qualified and competent to perform the duty; and Section 64(4)(b) not undermine the expeditious appointment or deployment of a competent person to the public office concerned. Section 64(5) If it comes to the attention of the County Public Service Board that a public officer has purportedly made an acting appointment, delegation or deployment as the case may be, contrary to the provisions of this section, the County Public Service Board shall take the necessary corrective action. - 65 Verify source ↗
COUNTY PUBLIC SERVICE - 65. Matters to take into account during appointments, etc
When making appointments, factors to be considered include constitutional values and principles, prescribed qualifications, candidate experience, diversity of expertise, conduct and integrity, ethnic representation at entry level (at least thirty percent), open and transparent recruitment, and individual performance.
Section 65. Matters to take into account during appointments, etc Section 65(1)(a) the standards, values and principles set out in Articles 10, 27(4), 56(c) and 232(1) of the Constitution; Section 65(1)(b) the prescribed qualifications for holding or acting in the office; Section 65(1)(c) the experience and achievements attained by the candidate; Section 65(1)(ca) the need to ensure that the candidates proposed for appointment have knowledge and experience in diverse fields including human resource management and development and finance; Section 65(1)(d) the conduct of the candidate in view of any relevant code of conduct, ethics and integrity; Section 65(1)(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 ethnic community in the county; Section 65(1)(f) the need for open and transparent recruitment of public servants; and Section 65(1)(g) individual performance. Section 65(2) In determining whether an appointment, promotion or re-designation has been undertaken in a fair and transparent manner, the overriding factors shall be merit, fair competition and representation of the diversity of the county. [Act No. 11 of 2020 , s. 21.] - 66 Verify source ↗
COUNTY PUBLIC SERVICE - 66. Advertisements of positions to be widely publicised
When a public office is to be filled, the County Public Service Board must invite applications by advertisement and other communications so as to reach as wide a population of potential applicants as possible.
Section 66. Advertisements of positions to be widely publicised Section 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 persons who for any reason have been or may be disadvantaged. - 67 Verify source ↗
COUNTY PUBLIC SERVICE - 67. Appointments to be in writing
An appointment or assignment of a duty in a county public service is not valid unless it is evidenced in writing.
Section 67. Appointments to be in writing Section No appointment or assignment of a duty in a county public service shall be valid unless it is evidenced in writing. - 68 Verify source ↗
COUNTY PUBLIC SERVICE - 68. Board to maintain records of applicants
The County Public Service Board must keep a record of all applications received in response to advertisements for a specified period, subject to relevant legislation; that record may be inspected by any person.
Section 68. Board to maintain records of applicants Section Subject to the relevant legislation, the 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 person. - 68A Verify source ↗
COUNTY PUBLIC SERVICE - 68A. Promotion of equity by the county public service boards
Each county public service board must promote equal opportunity, eliminate discrimination, and implement strategies (including affirmative action and diversity measures) to ensure fair appointment processes in the county public service.
Section 68A. Promotion of equity by the county public service boards Section 68A(1) Each county public service board shall promote equal opportunity in the county public service and shall establish and implement strategies for the elimination of any form of discrimination on the basis of ethnicity, gender, religion, health, marital status or disability. Section 68A(2)(a) implement affirmative action measures consistent with the purpose of this Act; and Section 68A(2)(b) distinguish, exclude or prefer any person on the basis of an inherent requirement of a particular office in the county public service. Section 68A(3)(a) take measures to ensure that diversity is maintained in the county public service; Section 68A(3)(b) implement strategies that result in the granting of a fair opportunity to all persons applying to serve in the county public service and the elimination of ethnicity within the county public service; Section 68A(3)(c) identify and eliminate employment barriers against persons who do not belong to the dominant ethnic group within the county or marginalized persons that result from systems of employment, policies or practices which are not authorized by law; and Section 68A(3)(d) afford an equal opportunity to all persons, including marginalized groups in the county, in the appointment process to an office in the county public service. Section 68A(4)(a) take measures whose implementation would cause undue hardship on the county public service board; Section 68A(4)(b) appoint or promote persons who do not meet the qualifications or requirements of an office; Section 68A(4)(c) deviate from the provisions of Article 232 of the Constitution; or Section 68A(4)(d) create new offices or positions in the county public service. - 68B Verify source ↗
COUNTY PUBLIC SERVICE - 68B. Collection and analysis of information on county public service
Section 68B. Collection and analysis of information on county public service Section collect information and conduct an analysis of the county public service in order to determine the degree of the underrepresentation of persons in marginalized groups in each occupational group in the respective county public service; and
Section 68B. Collection and analysis of information on county public service Section collect information and conduct an analysis of the county public service in order to determine the degree of the underrepresentation of persons in marginalized groups in each occupational group in the respective county public service; and - 68C Verify source ↗
COUNTY PUBLIC SERVICE - 68C. County public service employment equity plan
Each county public service must prepare and implement a public service employment equity plan to eliminate ethnic imbalance and implement section 65(1)(e); the county public service board must consult specified stakeholders and ensure implementation and achievement of employment equity.
Section 68C. County public service employment equity plan Section 68C(1) Each county public service shall, for the purpose of eliminating ethnic imbalance and implementing the provisions of section 65 (1)(e), prepare and implement a public service employment equity plan. Section 68C(2)(a) set out the positive policies and practices which shall be instituted in the short term for the hiring and retention of underrepresented persons or persons belonging to marginalized groups; Section 68C(2)(b) outline the strategies through which the county public service board shall ensure that at least thirty percent of the offices in the county public service consists of persons who are not from the dominant ethnic community within the county where this has not been achieved; Section 68C(2)(c) set out the affirmative action measures required to be implemented and the anticipated outcome of such measures; Section 68C(2)(d) set out the framework for monitoring and evaluating the implementation of the equity plan; Section 68C(2)(e) set out the long-term goal for increasing representation of underrepresented persons or marginalized groups in the county public service and the employment strategies for achieving such goals; and Section 68C(2)(f) set out such other information as the county public service board shall consider necessary. Section 68C(3) The county public service board shall consult with the Governor, the Public Service Commission and such other stakeholders as the board shall consider appropriate. Section 68C(4) The county public service board shall ensure that the public service employment equity plan would, shall ensure the realization of the provisions of section 65 (1)(e) and that employment equity within the county public service is achieved. [Act No. 11 of 2020 , s. 22.] - 68D Verify source ↗
COUNTY PUBLIC SERVICE - 68D. Review of county public service employment equity plan
County public service boards must establish and maintain county public service employment equity records about the county public service and the implementation of employment equity by the board.
Section 68D. Review of county public service employment equity plan Section 68D(1)(a) updating the short term goals, taking into account the factors set out in section 68C ; and Section 68D(1)(b) make any other changes that are necessary as a result of an assessment made pursuant to section 68B or as a result of changing circumstances. Section 68D(2) Every county public service board shall establish and maintain county public service employment equity records in respect of the county public service and the implementation of employment equity by the board. [Act No. 11 of 2020 , s. 22.] - 68E Verify source ↗
COUNTY PUBLIC SERVICE - 68E. Report of the county public service board
Report the measures taken by the board during the reporting period to implement employment equity and the results achieved.
Section 68E. Report of the county public service board Section the measures taken by the board during the reporting period to implement employment equity and the results achieved; and - 69 Verify source ↗
COUNTY PUBLIC SERVICE - 69. Re-designation of officers
If a public officer is re-designated, the officer shall not in any way suffer reduction in remuneration.
Section 69. Re-designation of officers Section 69(1) In selecting public officers for re-designation, the criteria for appointment as prescribed under this Part shall apply. Section 69(2)(a) the office is not vacant; Section 69(2)(b) the public officer does not meet all the qualifications, except for experience at a lower grade in the relevant cadre, attached to the public office; Section 69(2)(c) the decision to re-designate the officer may disadvantage any public officer already serving in the relevant cadre; or Section 69(2)(d) the officer subject to re-designation has not consented to the re-designation. Section 69(3) If a public officer is re-designated, the officer shall not in any way suffer reduction in remuneration. - 70 Verify source ↗
COUNTY PUBLIC SERVICE - 70. Provisions on appointments to apply to promotions
The head of department must release a promoted public officer to take up the promotion within sixty days after the date of the promotion; if not released the officer stands released upon lapse of sixty days. If a promoted officer fails to take up the promotion the promotional decision lapses after sixty days and the officer reverts to the prior office.
Section 70. Provisions on appointments to apply to promotions Section 70(1) The provisions of this Act and regulations or procedures made under this Act that apply to appointments shall also apply to promotions. Section 70(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 the lapse of sixty days. Section 70(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 communication on the promotion and was released. - 71 Verify source ↗
COUNTY PUBLIC SERVICE - 71. Confirmation of appointment on lapse of period
If the relevant authority does not confirm a public officer appointed on probation when the probationary term lapses (with or without extension), the officer is confirmed in the appointment on the due date.
Section 71. Confirmation of appointment on lapse of period Section 71(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 date. Section 71(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 benefits, gratuity or any other terminal benefit. Section 71(3)(a) affording the public officer further opportunity to pass an examination the passing of which is a condition for the confirmation, the officer’s service otherwise being satisfactory; Section 71(3)(b) affording the public officer an opportunity for improvement in any respect, in which the officer’s work or conduct have been adversely reported on. - 72 Verify source ↗
COUNTY PUBLIC SERVICE - 72. Power to deploy public officers
The section vests the power to deploy a county public officer in specified county officials.
Section 72. Power to deploy public officers Section 72(1) The power to deploy a county public officer within a department shall vest in the relevant county chief officer. Section 72(2) The power to deploy a county public officer from one department to another shall vest in the head of the county public service. - 73 Verify source ↗
COUNTY PUBLIC SERVICE - 73. Secondments
Sets obligations and limits on secondments: the national government must protect and (unless agreed otherwise) pay seconded staff; seconded officers may revert to their prior posts under certain conditions; County Public Service Boards must refuse secondment if not in the officer's or county service's interest and must not allow secondment without considering representations.
Section 73. Secondments Section 73(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 pension benefits, gratuity or other terminal benefits. Section 73(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 transition period. Section 73(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 entitled to revert back to the public office held before secondment. Section 73(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 concerned county public service. Section 73(5) The County Public Service Board making a decision on secondment shall not allow the secondment unless it has considered the representation by the concerned authorized officer or head of department. - 74 Verify source ↗
COUNTY PUBLIC SERVICE - 74. County Public Service Board to regulate appointment of persons on contract
The County Public Service Board must regulate engagement of contract, volunteer and casual workers, staff of joint ventures and interns in its public bodies and offices.
Section 74. County Public Service Board to regulate appointment of persons on contract Section The County Public Service Board shall regulate the engagement of persons on contract, volunteer and casual workers, staff of joint ventures and attachment of interns in its public bodies and offices. - 75 Verify source ↗
COUNTY PUBLIC SERVICE - 75. Action on irregularity of process
Revoke the decision on irregularity of process.
Section 75. Action on irregularity of process Section revoke the decision; - 76 Verify source ↗
COUNTY PUBLIC SERVICE - 76. Prohibition of punishment contrary to the Constitution
The County Public Service Board must follow principles of natural justice when exercising disciplinary powers; public officers must not be punished contrary to the Constitution or any Act; county government or other lawful disciplinary authorities retain the power to retire officers on grounds of public interest; the county government, county chief officer or other lawful authority may interdict, suspend or take interlocutory decisions even where criminal proceedings are pending.
Section 76. Prohibition of punishment contrary to the Constitution Section 76(1) In exercising its disciplinary powers, the County Public Service Board shall observe the principles of natural justice. Section 76(2) No public officer may be punished in a manner contrary to any provision of the Constitution or any Act of Parliament. Section 76(3) Nothing in this section shall limit the powers conferred on the county government or any other lawful authority discharging a disciplinary function from retiring an officer from the county public service on the ground of public interest. Section 76(4)(a) the officer has nevertheless raised a mitigation factor that renders imposition of a punishment too harsh in view of the circumstances of the case; or Section 76(4)(b) the length of service benefits accrued and previous good record of the officer justifies the retirement; or Section 76(4)(c) imposing a punishment against the officer is likely to adversely affect the reputation of the public body concerned or the county public service generally. Section 76(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 any appeal therefrom has been made. Section 76(6) Nothing in subsection (5) shall be interpreted as prohibiting or restricting the power of the county government or the concerned county chief officer or other lawful authority to interdict or suspend or take any interlocutory decision against the public officer. - 77 Verify source ↗
COUNTY PUBLIC SERVICE - 77. Appeals to the Public Service Commission
Persons dissatisfied with certain county public service decisions may appeal to the Public Service Commission; appeals must be in writing and made within ninety days, and the Commission may entertain late appeals where it considers circumstances warrant.
Section 77. Appeals to the Public Service Commission Section 77(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 Commission (in this Part referred to as the "Commission") against the decision. Section 77(2)(a) recruitment, selection, appointment and qualifications attached to any office; Section 77(2)(b) remuneration and terms and conditions of service; Section 77(2)(c) disciplinary control; Section 77(2)(d) national values and principles of governance, under Article 10, and, values and principles of public service under Article 232 of the Constitution; Section 77(2)(e) retirement and other removal from service; Section 77(2)(f) pension benefits, gratuity and any other terminal benefits; or Section 77(2)(g) any other decision the Commission considers to fall within its constitutional competence to hear and determine on appeal in that regard. Section 77(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 later if, in the opinion of the Commission, the circumstances warrant it. Section 77(4) The Commission shall not entertain an appeal more than once in respect to the same decision. Section 77(5)(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 date are given; or Section 77(5)(b) there is an error apparent on record of either decision. Section 77(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 review later if, in the opinion of the Commission, the circumstances warrant it. - 78 Verify source ↗
COUNTY PUBLIC SERVICE - 78. Resignation, retirement, etc.
County public officers may resign in writing to the lawful appointing authority; resignation takes effect 30 days after the resignation letter; a person who has resigned may rejoin in accordance with appointment provisions.
Section 78. Resignation, retirement, etc. Section 78(1) A county public officer desirous of resigning from office may do so in writing addressed to the lawful appointing authority for the public office. Section 78(2) The resignation letter shall be delivered to the lawful appointing authority by hand or by registered mail. Section 78(3) Resignation under this section shall take effect thirty days after the date of the resignation letter. Section 78(4) A person who has resigned from the county public service may rejoin the service in accordance with the provision governing the relevant appointment. - 79 Verify source ↗
COUNTY PUBLIC SERVICE - 79. Grounds for retirement
Retirement is triggered by reaching the mandatory retirement age prescribed by legislation or policy, or as agreed between the county public officer and the appointing authority.
Section 79. Grounds for retirement Section on attainment of the mandatory retirement age prescribed under the relevant legislation or policy or as agreed upon between the county public officer and relevant appointing authority; - 80 Verify source ↗
COUNTY PUBLIC SERVICE - 80. Prescription of retirement on age
The national government (by policy) prescribes the mandatory retirement age for county public officers generally and for any category of public officers.
Section 80. Prescription of retirement on age Section 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 government. - 81 Verify source ↗
COUNTY PUBLIC SERVICE - 81. Retirement on the ground of ill health
When a public officer is considered for retirement or requests retirement on grounds of ill health, the concerned county chief officer must (a) initiate the retirement process and (b) require a medical board examination; the County Public Service Board shall decide whether to call the officer to retire and may retire the officer if ill health prevents attendance and the authorized officer submits the case.
Section 81. Retirement on the ground of ill health Section 81(1)(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 officer to retire; or Section 81(1)(b) the public officer requests to be retired on the ground of ill health, in which case, the county chief officer shall initiate the process for the retirement in accordance with this section. Section 81(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 or not the public officer should be retired on the ground of ill health. Section 81(3)(a) request the officer to make any representation in view of the medical board’s record of proceeding and findings; Section 81(3)(b) make recommendations in view of the medical board’s findings and the officer’s representation, if any; and Section 81(3)(c) forward all the documents referred to in this subsection to the County Public Service Board. Section 81(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 called upon to retire on the ground of ill health. Section 81(5) If the circumstances of ill health are such that a public officer cannot attend medical board or make a presentation on the findings of the medical board 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 the service in case of prolonged ill health. [Act No. 7 of 2016 , Sch.] - 82 Verify source ↗
COUNTY PUBLIC SERVICE - 82. Retirement on grounds of abolition of office
When some but not all holders of similar county public offices are to be retired because the office is abolished, the concerned county chief officer must inform those officers and invite representations; after receiving or failing to receive representations the county chief officer must forward the case and a recommendation to the County Public Service Board, which will decide whether to retire an officer and may issue directions if further justification is needed; the Board must not retire any officer on abolition grounds without written evidence that the office has been abolished.
Section 82. Retirement on grounds of abolition of office Section 82(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 representation within reasonable time. Section 82(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 representation if any. Section 82(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 ground of abolition of office. Section 82(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 concerned has been abolished. - 83 Verify source ↗
COUNTY PUBLIC SERVICE - 83. Retirement on grounds of public interest
The County Public Service Board must decide promptly whether a public officer should be retired on grounds of public interest, and if further inquiry is necessary it must issue directions to the county chief officer.
Section 83. Retirement on grounds of public interest Section 83(1)(a) serve the public officer a notice setting out the particulars of the complaint as reported and asking the officer to make representation within a reasonable time; and Section 83(1)(b) upon receipt of the representation or if none is received within the prescribed time, forward to the County Public Service Board all the details of the case. Section 83(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 be retired on the ground of public interest. Section 83(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 made by a competent court of law. - 84 Verify source ↗
COUNTY PUBLIC SERVICE - 84. Retirement pursuant to agreement or special retirement scheme
Before retiring a public officer under this section (except for voluntary retirement or retirement under contractual terms), the County Public Service Board or other lawful authority must give the officer a reasonable opportunity to make representations on the intended retirement.
Section 84. Retirement pursuant to agreement or special retirement scheme Section 84(1)(a) the officer’s contractual terms and conditions of service provide for a special retirement clause and has fallen due; or Section 84(1)(b) the officer is required or is willing to voluntarily retire in accordance with the terms and conditions prescribed in a special retirement scheme. Section 84(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 accorded the officer a reasonable opportunity to make representations on the intended retirement. - 85 Verify source ↗
COUNTY PUBLIC SERVICE - 85. Entitlement to apply for review
Entitlement to apply for review when there are fresh material facts which, with due diligence, could not be presented when the decision was initially made.
Section 85. Entitlement to apply for review Section fresh material facts which, with due diligence, could not be presented when the decision was initially made; - 86 Verify source ↗
COUNTY PUBLIC SERVICE - 86. Delegation by County Public Service Board
The County Public Service Board may, in writing, delegate any of its functions to specified county or local officers and administrators.
Section 86. Delegation by County Public Service Board Section 86(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 municipal manager and town administrators. Section 86(2) The provisions of this Part shall apply to the person to whom the powers are delegated under this section.
Part VIII
CITIZEN PARTICIPATION
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CITIZEN PARTICIPATION - 87. Principles of citizen participation in counties
timely access to information, data, documents, and other information relevant or related to policy formulation and implementation;
Section 87. Principles of citizen participation in counties Section timely access to information, data, documents, and other information relevant or related to policy formulation and implementation; - 88 Verify source ↗
CITIZEN PARTICIPATION - 88. Citizens right to petition and challenge
Citizens may petition the county government on matters under its responsibility; petitions must be in writing; county legislation must give further effect to this section.
Section 88. Citizens right to petition and challenge Section 88(1) Citizens have a right to petition the county government on any matter under the responsibility of the county government. Section 88(2) Citizen petitions shall be made in writing to the county government. Section 88(3) County legislation shall give further effect to this section. [Act No. 7 of 2016 , Sch.] - 89 Verify source ↗
CITIZEN PARTICIPATION - 89. Duty to respond to citizens’ petitions or challenges
County government authorities, agencies and agents must respond expeditiously to petitions and challenges from citizens.
Section 89. Duty to respond to citizens’ petitions or challenges Section County government authorities, agencies and agents have a duty to respond expeditiously to petitions and challenges from citizens. - 90 Verify source ↗
CITIZEN PARTICIPATION - 90. Matters subject to local referenda
Two kinds of matters may be subject to a local referendum: (a) county laws and petitions, and (b) planning and investment decisions affecting the county if a petition signed by at least twenty five percent of registered voters in the referendum area is raised.
Section 90. Matters subject to local referenda Section 90(1)(a) county laws and petitions; or Section 90(1)(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 place. Section 90(2) The Elections Act (Cap. 7) shall apply, with necessary modifications, with regard to a referendum referred to under subsection (1). - 91 Verify source ↗
CITIZEN PARTICIPATION - 91. Establishment of modalities and platforms for citizen participation
Establishes modalities and platforms for citizen participation, including information communication technology based platforms.
Section 91. Establishment of modalities and platforms for citizen participation Section information communication technology based platforms; - 91A Verify source ↗
CITIZEN PARTICIPATION - 91A. Establishment of County Development Boards
Establishes County Development Boards, lists membership, sets functions including consultation on development plans and budgets, sets quorum and meeting frequency, and specifies timelines for constitution after elections or commencement.
Section 91A. Establishment of County Development Boards Section 91A(1)(a) the member of the Senate for the county elected under Article 98(1)(a) of the Constitution, who shall be the Chairperson of the Board and convener of the Board's meetings; Section 91A(1)(b) the members of the National Assembly elected under Article 97(1) (a) of the Constitution representing the constituencies located in the county; Section 91A(1)(c) the woman member of the National Assembly for the county elected under Article 97(1)(b) of the Constitution; Section 91A(1)(d) the Governor, as the chief executive officer of the county government, who shall be the vice-Chairperson of the Board, and in his absence, the deputy Governor of the county shall be the vice-Chairperson; Section 91A(1)(e) the deputy Governor of the county; Section 91A(1)(f) the leader of the majority party in the county assembly; Section 91A(1)(g) the leader of the minority party in the county assembly; Section 91A(1)(h) the Chairperson of the county assembly committee responsible for finance and planning; Section 91A(1)(i) the Chairperson of the county assembly committee responsible for budget; Section 91A(1)(j) the Chairperson of the County Public Service Board, who shall be an ex-officio member; Section 91A(1)(k) the County Secretary, who shall be the secretary of the Board and shall also provide Secretariat services to the Board, as an ex-officio member; Section 91A(1)(l) the County Commissioner, as an ex-officio member; and Section 91A(1)(m) the head of a department of the national government or the county government or any other person invited by the Board to attend a specific meeting of the Board. Section 91A(2)(a) provide a forum, at the county level, for consultation and coordination between the national government and the county governments on matters of development and projects in accordance with the Constitution and, more specifically, Article 6(2), Article 10 and Article 174 of the Constitution; Section 91A(2)(b) consider and give input on any county development plans before they are tabled in the county assembly for consideration; Section 91A(2)(c) consider and give input on county annual budgets before they are tabled in the county assembly for consideration; Section 91A(2)(d) consider and advise on any issues of concern that may arise within the county. Section 91A(3) The quorum for any meeting of the County Development Board shall be one-third of all the members of the Board and for the purposes of this section, an immediate former member shall remain a member of the Board until a new member is elected or appointed, as the case may be. Section 91A(4) Meetings of the County Development Board shall be held at the County headquarters at least once in each quarter. Section 91A(5) In the absence of the Chairperson, the vice-Chairperson shall preside over the meetings of the Board, and in the absence of the Chairperson and the vice- Chairperson, the Board shall elect a member to chair the meeting. Section 91A(6) County Development Boards shall be constituted within sixty days after the date of a general election. Section 91A(7) Despite sub-section (6), a County Development Board shall be established in each county within thirty days of the commencement of this Act. [Act No. 13 of 2014 , s. 2.] - 91B Verify source ↗
CITIZEN PARTICIPATION - 91B. Operational expenses
The respective county government must include the operational expenses for the County Development Board in its annual estimates of revenue and expenditure.
Section 91B. Operational expenses Section The operational expenses in respect of the County Development Board shall be provided for in the annual estimates of the revenue and expenditure of the respective county government. [Act No. 13 of 2014 , s. 4.] - 91C Verify source ↗
CITIZEN PARTICIPATION - 91C. Offence of obstructing or hindering the County Development Board
Any person who knowingly and unlawfully obstructs, hinders, undermines or prevents the County Development Board from discharging its functions commits an offence and is liable on conviction to a fine not exceeding one million shillings or imprisonment for a term not exceeding one year, or both.
Section 91C. Offence of obstructing or hindering the County Development Board Section Any person who knowingly and unlawfully obstructs, hinders, undermines or prevents the County Development Board from discharging its functions under this Act commits an offence and is liable, on conviction, to punishment by a fine not exceeding one million shillings or imprisonment for a term not exceeding one year, or both. [Act No. 13 of 2014 , s. 4.] - 92 Verify source ↗
CITIZEN PARTICIPATION - 92. Part to apply to decentralized units
Part applies (with necessary modifications) to all decentralized county units; the Governor must submit an annual report to the county assembly on citizen participation; regulations under section 135 and County legislation may give full effect to this Part.
Section 92. Part to apply to decentralized units Section 92(1) The provisions of this Part shall apply with necessary modifications to all decentralized units of the county. Section 92(2) The Governor shall submit an annual report to the county assembly on citizen participation in the affairs of the county government. Section 92(3) Regulations made under section 135 of this Act and County legislation may give full effect to this Part.
Part X
CIVIC EDUCATION
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CIVIC EDUCATION - 100. Design and implementation of civic education
Counties must implement a civic education programme and establish a civic education unit; a national design and framework will determine curriculum content; national and county governments must facilitate implementation; county programmes must involve registered non-state actors as prescribed by regulations.
Section 100. Design and implementation of civic education Section 100(1) Subject to subsection (2), each county shall implement an appropriate civic education programme and establish a civic education unit in this regard. Section 100(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 the Constitution. Section 100(3) The national and county governments shall facilitate the implementation of civic education programme under subsection (2). Section 100(4) The design and implementation of county civic education programmes under this section shall involve the participation of registered non-state actors as may by regulations be prescribed. - 101 Verify source ↗
CIVIC EDUCATION - 101. Institutional framework for civic education
County legislation must provide the requisite institutional framework to facilitate and implement civic education programmes, subject to section 100.
Section 101. Institutional framework for civic education Section Subject to section 100 , County legislation shall provide the requisite institutional framework for purposes of facilitating and implementing civic education programmes under this Part. - 98 Verify source ↗
CIVIC EDUCATION - 98. Principles of civic education
Section 98 sets out principles for civic education: (1)(a) empowerment and enlightenment of citizens and government; (1)(b) continual and systemic engagement of citizens and government; and (1)(c) values and principles of devolution in the Constitution. Section 98(2) prohibits dissemination of other content under civic education except as provided under section 100.
Section 98. Principles of civic education Section 98(1)(a) empowerment and enlightenment of citizens and government; Section 98(1)(b) continual and systemic engagement of citizens and government; and Section 98(1)(c) values and principles of devolution in the Constitution. Section 98(2) No other content may be disseminated under civic education other than as provided for under section 100 . - 99 Verify source ↗
CIVIC EDUCATION - 99. Purpose and objectives of civic education
The purpose of civic education under this Act is to have an informed citizenry that actively participates in governance on the basis of enhanced knowledge, understanding and ownership of the Constitution.
Section 99. Purpose and objectives of civic education Section 99(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 basis of enhanced knowledge, understanding and ownership of the Constitution. Section 99(2)(a) sustained citizens’ engagement in the implementation of the Constitution; Section 99(2)(b) improved understanding, appreciation and engagement in the operationalization of the county system of government; Section 99(2)(c) institutionalizing a culture of constitutionalism; Section 99(2)(d) knowledge of Kenya’s transformed political system, context and implications; Section 99(2)(e) enhanced knowledge and understanding of electoral system and procedures; Section 99(2)(f) enhanced awareness and mainstreaming of the Bill of Rights and National values; Section 99(2)(g) heightened demand by citizens for service delivery by institutions of governance at the county level; Section 99(2)(h) ownership and knowledge on the principal economic, social and political issues facing county administrations and their form, structures and procedures; and Section 99(2)(i) appreciation for the diversity of Kenya’s communities as building blocks for national cohesion and integration.
Part XI
COUNTY PLANNING
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COUNTY PLANNING - 102. Principles of planning and development facilitation
Integrate national values in all processes and concepts.
Section 102. Principles of planning and development facilitation Section integrate national values in all processes and concepts; - 103 Verify source ↗
COUNTY PLANNING - 103. Objectives of county planning
Ensure harmony between national, county and sub-county spatial planning requirements.
Section 103. Objectives of county planning Section ensure harmony between national, county and sub-county spatial planning requirements; - 104 Verify source ↗
COUNTY PLANNING - 104. Obligation to plan by the county
County governments must prepare county plans; planning frameworks must integrate multiple planning dimensions; the county government must designate planning authorities; all authorities must include non-state actors to promote public participation.
Section 104. Obligation to plan by the county Section 104(1) A county government shall plan for the county and no public funds shall be appropriated outside a planning framework developed by the county executive committee and approved by the county assembly. Section 104(2) The county planning framework shall integrate economic, physical, social, environmental and spatial planning. Section 104(3) The county government shall designate county departments, cities and urban areas, sub-counties and Wards as planning authorities of the county. Section 104(4) To promote public participation, non-state actors shall be incorporated in the planning processes by all authorities. Section 104(5) County plans shall be binding on all sub-county units for developmental activities within a County. - 105 Verify source ↗
COUNTY PLANNING - 105. Planning in the county
The designated planning authority in the county must organise for effective implementation of the planning function; Section 105(1)(a)–(f) lists planning-related responsibilities including coordinating integrated development planning, ensuring linkages with national planning, citizen engagement, data management, and establishing a GIS-based database.
Section 105. Planning in the county Section 105(1)(a) coordinating integrated development planning within the county; Section 105(1)(b) ensuring integrated planning within the county; Section 105(1)(c) ensuring linkages between county plans and the national planning framework; Section 105(1)(d) ensuring meaningful engagement of citizens in the planning process; Section 105(1)(e) ensuring the collection, collation, storage and updating of data and information suitable for the planning process; and Section 105(1)(f) ensuring the establishment of a GIS based database system. Section 105(2) The designated planning authority in the county shall appropriately organise for the effective implementation of the planning function within the county. - 106 Verify source ↗
COUNTY PLANNING - 106. Integrating national and county planning
Section 106 requires planning cooperation under the law on inter-governmental relations, directs that county plans be based on county government functions and national policies, requires county plans to consider financial viability of development programmes, and requires county planning to provide for citizen participation.
Section 106. Integrating national and county planning Section 106(1) Cooperation in planning shall be undertaken in the context of the law governing inter-governmental relations. Section 106(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 policies. Section 106(3) County plans shall take due cognisance of the financial viability of development programmes. Section 106(4) County planning shall provide for citizen participation. - 107 Verify source ↗
COUNTY PLANNING - 107. Types and purposes of county plans
County plans must serve as the basis for all budgeting and spending in a county.
Section 107. Types and purposes of county plans Section 107(1)(a) county integrated development plan; Section 107(1)(b) county sectoral plans; Section 107(1)(c) county spatial plan; and Section 107(1)(d) cities and urban areas plans as provided for under the Urban Areas and Cities Act (Cap. 275). Section 107(2) The County plans shall be the basis for all budgeting and spending in a county. - 108 Verify source ↗
COUNTY PLANNING - 108. County integrated development plan
The county integrated development plan must set out clear goals, an implementation plan with outcomes, monitoring and evaluation, and reporting mechanisms, and must include information on implementation, investments and development initiatives, maps or references to them, and financial projections and strategies.
Section 108. County integrated development plan Section 108(1)(a) clear goals and objectives; Section 108(1)(b) an implementation plan with clear outcomes; Section 108(1)(c) provisions for monitoring and evaluation; and Section 108(1)(d) clear reporting mechanisms. Section 108(2)(a) the implementation of the integrated development plan; and Section 108(2)(a)(i) the implementation of the integrated development plan; and Section 108(2)(a)(ii) addressing the county’s internal transformation needs; Section 108(2)(b) any investment initiatives in the county; Section 108(2)(b)(i) any investment initiatives in the county; Section 108(2)(b)(ii) any development initiatives in the county, including infrastructure, physical, social, economic and institutional development; Section 108(2)(b)(iii) all known projects, plans and programs to be implemented within the county by any organ of state; and Section 108(2)(b)(iv) the key performance indicators set by the county. Section 108(3)(a) have attached to it maps, statistics and other appropriate documents; or Section 108(3)(b) refer to maps, statistics and other appropriate documents that are not attached but held in a GIS based database system: Section 108(4)(a) include the budget projection required under the law governing county government financial management; Section 108(4)(b) indicate the financial resources that are available for capital project developments and operational expenditure; and Section 108(4)(c) revenue raising strategies; Section 108(4)(c)(i) revenue raising strategies; Section 108(4)(c)(ii) asset management strategies; Section 108(4)(c)(iii) financial management strategies; Section 108(4)(c)(iv) capital financing strategies; Section 108(4)(c)(v) operational financing strategies; and Section 108(4)(c)(vi) strategies that would enhance cost-effectiveness. - 109 Verify source ↗
COUNTY PLANNING - 109. County sectoral plans
County departments must develop ten-year county sectoral plans as part of the county integrated development plan; the county executive must review them every five years and the county assembly must approve them; plans are reviewed every five years and updated annually.
Section 109. County sectoral plans Section 109(1) A County department shall develop a ten year county sectoral plan as component parts of the county integrated development plan. Section 109(2)(a) programme based; Section 109(2)(b) the basis for budgeting and performance management; and Section 109(2)(c) reviewed every five years by the county executive and approved by the county assembly, but updated annually. - 110 Verify source ↗
COUNTY PLANNING - 110. County spatial plans
County spatial plans must contain specified spatial and development content; each plan must be developed by the county executive committee and approved by the respective county assemblies; plans must be reviewed every five years with revisions approved by the county assemblies.
Section 110. County spatial plans Section 110(1)(a) a spatial depiction of the social and economic development programme of the county as articulated in the integrated county development plan; Section 110(1)(b) clear statements of how the spatial plan is linked to the regional, national and other county plans; and Section 110(1)(c) clear clarifications on the anticipated sustainable development outcomes of the spatial plan. Section 110(2)(a) give effect to the principles and objects contained in sections 102 and 103.; Section 110(2)(b) set out objectives that reflect the desired spatial form of the county taking into account the development programme of the county as articulated in its county integrated development plan; Section 110(2)(c) indicate desired patterns of land use within the county; Section 110(2)(c)(i) indicate desired patterns of land use within the county; Section 110(2)(c)(ii) address the spatial construction or reconstruction of the county; Section 110(2)(c)(iii) provide strategic guidance in respect of the location and nature of development within the county; Section 110(2)(c)(iv) set out basic guidelines for a land use management system in the county taking into account any guidelines, regulations or laws as provided for under Article 67(2)(h) of the Constitution; Section 110(2)(c)(v) set out a capital investment framework for the county’s development programs; Section 110(2)(c)(vi) contain a strategic assessment of the environmental impact of the spatial development framework; Section 110(2)(c)(vii) identify programs and projects for the development of land within the county; and Section 110(2)(c)(viii) be aligned with the spatial frameworks reflected in development the integrated development plans of neighbouring counties; Section 110(2)(d) shall indicate where public and private land development and infrastructure investment should take place; Section 110(2)(e) shall indicate desired or undesired utilization of space in a particular area; Section 110(2)(f) may delineate the urban edges of the municipalities within its jurisdiction and mechanisms of dealing with the rural urban interfaces; Section 110(2)(g) shall identify areas where strategic intervention is required; Section 110(2)(h) shall indicate areas where priority spending is required; Section 110(2)(i) clear clarifications on the anticipated sustainable development outcomes of the spatial plan; and Section 110(2)(j) shall indicate the areas designated to conservation and recreation. Section 110(3) Each county spatial plan shall be developed by the county executive committee and approved by the respective county assemblies in accordance with procedures approved by the respective county assembly. Section 110(4) Each county spatial plan shall be reviewed every five years and the revisions approved by the respective county assemblies. - 111 Verify source ↗
COUNTY PLANNING - 111. City or municipal plans
City or municipal land use and building plans are binding on all public entities and private citizens in the city or municipality; each plan must be reviewed every five years with revisions approved by the respective county assemblies.
Section 111. City or municipal plans Section 111(1)(a) city or municipal land use plans; Section 111(1)(b) city or municipal building and zoning plans; Section 111(1)(c) city or urban area building and zoning plans; Section 111(1)(d) location of recreational areas and public facilities. Section 111(2) A city or municipal plans shall be the instrument for development facilitation and development control within the respective city or municipality. Section 111(3)(a) functions and principles of land use and building plans; Section 111(3)(b) location of various types of infrastructure within the city or municipality; Section 111(3)(c) development control in the city or municipality within the national housing and building code framework. Section 111(4) City or municipal land use and building plans shall be binding on all public entities and private citizens operating within the particular city or municipality. Section 111(5) City or municipal land use and building plans shall be the regulatory instruments for guiding and facilitating development within the particular city or municipality. Section 111(6) Each city or municipal land use and building plan shall be reviewed every five years and the revisions approved by the respective county assemblies. - 112 Verify source ↗
COUNTY PLANNING - 112. Amending county integrated development plans
A county executive committee may introduce a proposal to amend the county integrated development plan; the county assembly must consider and approve or reject proposed amendments; a person ordinarily resident in a county is not precluded from proposing an amendment.
Section 112. Amending county integrated development plans Section 112(1) A county executive committee may by a resolution, introduce a proposal to amend the county’s integrated development plan. Section 112(2) A proposed amendment under subsection (1) to a county’s integrated development plan shall be considered and approved or rejected by the county assembly in accordance with its standing orders. Section 112(3)(a) accompanied by a memorandum setting out the reasons for the proposal; and Section 112(3)(b) aligned with the framework adopted in terms of section 106 . Section 112(4)(a) consult all the county governments affected by the proposed amendment; and Section 112(4)(b) take all comments submitted to it under paragraph (a) into account before it reaches a final decision on the proposed amendment. Section 112(5)(a) consult the cities and urban areas within the county on the proposed amendment; and Section 112(5)(b) take all comments submitted to it by the cities and municipalities into account before it takes a final decision on the proposed amendment. Section 112(6)(a) all the members of the county assembly have been given reasonable notice; and Section 112(6)(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 proposed amendment. Section 112(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 integrated development plan. - 113 Verify source ↗
COUNTY PLANNING - 113. Giving effect to the county integrated development plan
The county integrated development plan must inform the county’s budget and be used to prepare action plans; it also specifies performance measures including percentages of households with access to basic services, the percentage of capital budget spent on identified projects, the number of jobs created by local economic initiatives, and the plan’s financial viability.
Section 113. Giving effect to the county integrated development plan Section 113(1)(a) inform the county’s budget which shall be based on the annual development priorities and objectives referred to in section 103 of this Act and the performance targets set by the county; and Section 113(1)(b) be used to prepare action plans for the implementation of strategies identified by the county. Section 113(2)(a) the percentage of households with access to basic services contemplated under Article 43 of the Bill of Rights of the Constitution; Section 113(2)(b) the percentage of a county’s capital budget actually spent on capital projects identified for a particular financial year in terms of the county’s integrated development plan; Section 113(2)(c) the number of jobs created through any local economic development initiatives including capital projects; and Section 113(2)(d) financial viability of the integrated development plan in accordance with nationally applicable ratios. Section 113(3) Notwithstanding the provisions of subsection (2), the performance management system shall conform to nationally applicable guidelines on the matter. - 114 Verify source ↗
COUNTY PLANNING - 114. Planning for nationally significant projects in a county
Projects described in subsection (1) must, after mandatory public hearings, be considered and either approved or rejected by the county assembly.
Section 114. Planning for nationally significant projects in a county Section 114(1) Development of nationally significant development projects within counties shall be preceded by mandatory public hearings in each of the affected counties. Section 114(2) Projects under subsection (1) shall, subsequent to the mandatory public hearings, be considered and approved or rejected by the county assembly. - 115 Verify source ↗
COUNTY PLANNING - 115. Public participation in county planning
Each county assembly must develop laws and regulations to ensure effective citizen participation in county development planning and performance management, and those laws and guidelines must adhere to minimum national requirements.
Section 115. Public participation in county planning Section 115(1)(a) mechanisms provided for in Part VIII of this Act; and Section 115(1)(b) clear strategic environmental assessments; Section 115(1)(b)(i) clear strategic environmental assessments; Section 115(1)(b)(ii) clear environmental impact assessment reports; Section 115(1)(b)(iii) expected development outcomes; and Section 115(1)(b)(iv) development options and their cost implications. Section 115(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 adhere to minimum national requirements.
Part XII
DELIVERY OF COUNTY PUBLIC SERVICES
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DELIVERY OF COUNTY PUBLIC SERVICES - 116. Principles of public services delivery in the county
County governments and their agencies must deliver services within their designated area of jurisdiction; counties must deliver services while observing principles including equity, efficiency, accessibility, non-discrimination, transparency, accountability, sharing of data and information, and subsidiarity.
Section 116. Principles of public services delivery in the county Section 116(1) A county government and its agencies shall have an obligation to deliver services within its designated area of jurisdiction. Section 116(2) A county shall deliver services while observing the principles of equity, efficiency, accessibility, non-discrimination, transparency, accountability, sharing of data and information, and subsidiarity. - 117 Verify source ↗
DELIVERY OF COUNTY PUBLIC SERVICES - 117. Standards and norms for public service delivery
A county government must carry out regular reviews of the delivery of services to seek improvement.
Section 117. Standards and norms for public service delivery Section 117(1)(a) give priority to the basic needs of the public; Section 117(1)(aa) comply with the respective policy and standards provided by the National Government; Section 117(1)(b) promote the development of the public service delivery institutions; and Section 117(2)(a) prudent, economic, efficient, effective and sustainable use of available resources; Section 117(2)(b) continual improvement of standards and quality; Section 117(2)(c) appropriate incorporation of the use of information technology; and Section 117(2)(d) financial and environmental sustainability. Section 117(3) A county government shall carry out regular review of the delivery of services with a view to improvement. [Act No. 43 of 2016 , s. 159(a).] - 118 Verify source ↗
DELIVERY OF COUNTY PUBLIC SERVICES - 118. Shared services
Counties may enter agreements with national government bodies or other counties to provide or receive services; each county must have a shared services platform aligned to national policies, standards and norms.
Section 118. Shared services Section 118(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 incidental to the primary purpose of any of the participating counties. Section 118(2) Each county shall have a county shared services platform aligned to national policies, standards and norms. - 119 Verify source ↗
DELIVERY OF COUNTY PUBLIC SERVICES - 119. Citizen’s Service Centre
Citizens’ Service Centres must act as the central office for county public services and the Governor must ensure appropriate ICT is used at those centres to provide timely, efficient services to county citizens.
Section 119. Citizen’s Service Centre Section 119(1)(a) the county; Section 119(1)(b) the sub-county; Section 119(1)(c) the Ward; and Section 119(1)(d) any other decentralized level. Section 119(2) A Citizens’ Service Centre shall serve as the central office for the provision by the county executive committee in conjunction with the national government of public services to the county citizens. Section 119(3) The Governor shall ensure the use of appropriate information and communication technologies at a Citizens’ Service Centre to aid in the provision of timely and efficient services to the county citizens. - 120 Verify source ↗
DELIVERY OF COUNTY PUBLIC SERVICES - 120. Tariffs and pricing of public services
County governments and agencies delivering services in the county must adopt and implement a tariffs and pricing policy for public services.
Section 120. Tariffs and pricing of public services Section 120(1) A county government or any agency delivering services in the county shall adopt and implement a tariffs and pricing policy for the provision of public services. Section 120(1A) Notwithstanding subsection (1), a county government or any agency delivering services in the county shall adopt and implement tariffs and pricing policy subject to the existing National Government laws and policies. Section 120(2) A county government or agency delivering services through service delivery agreements, shall comply with the provisions of this section. Section 120(3)(a) users of county services should be treated equitably in the application of tariffs, fees, levies or charges; Section 120(3)(b) the amount individual users pay for services should generally be in proportion to their use of that service; Section 120(3)(c) tariffs that cover only operating and maintenance costs; Section 120(3)(c)(i) tariffs that cover only operating and maintenance costs; Section 120(3)(c)(ii) special tariffs or life line tariffs for low levels of use or consumption of services or for basic levels of service; or Section 120(3)(c)(iii) any other direct or indirect method of subsidies of tariffs for poor households; Section 120(3)(d) tariffs shall reflect the costs reasonably associated with rendering the service, including capital, operating, maintenance, administration and replacement costs, and interest charges; Section 120(3)(e) tariffs shall be set at levels that facilitate the financial sustainability of the service, taking into account subsidy from sources other than the service concerned; Section 120(3)(f) provision may be made in appropriate circumstances for a surcharge on the tariff for a service; Section 120(3)(g) provision may be made for the promotion of local economic development through special tariffs for categories of commercial and industrial users; Section 120(3)(h) promotion of the economic, efficient, effective and sustainable use of resources, the recycling of waste and other appropriate environmental objectives; and Section 120(3)(i) full disclosure of the subsidies on tariffs for poor households and other categories of users. Section 120(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 discrimination. Section 120(5) A county government may make laws and regulations to give effect to the implementation and enforcement of tariff policies. [Act No. 43 of 2016 , s. 159(b).] - 121 Verify source ↗
DELIVERY OF COUNTY PUBLIC SERVICES - 121. Support to county governments
The ministry or government department in charge of intergovernmental relations must provide support to county governments to enable them to perform their functions and carry out a set of assessments, reports, consultations and capacity‑building measures; the Cabinet Secretary must seek Parliament's approval before assuming functions and must notify the county of any intervention and the measures and period required to fix problems.
Section 121. Support to county governments Section 121(1) The ministry or government department responsible for matters relating to intergovernmental relations shall provide support to county governments to enable them to perform their functions. Section 121(2)(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 view to determine its support requirements; Section 121(2)(b) make a report on the assessment made under paragraph (a) and the capacity needs of the county governments; Section 121(2)(c) in consultation with the relevant county government, conduct research or inquiries to determine the extent of its support requirements; Section 121(2)(d) where necessary assess and value the requirements of the county for the cabinet secretary to take the relevant measures towards providing support; Section 121(2)(e) collect information on county performance and on best practices in resolving performance problems; Section 121(2)(f) assist county governments to identify the causes of their performance problems, and potential solutions to the problems; Section 121(2)(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 enable it to effectively perform its functions; Section 121(2)(h) in collaboration with the relevant county secretary consult with the cabinet secretary for finance on any matter of support relating to finance; Section 121(2)(i) consult with the relevant county assembly on the findings of the report made under paragraph (b) and the recommendations under paragraph (f) and jointly adopt an implementation plan; and Section 121(2)(j) in consultation with the county executive committee, obtain the services of any financial expert to perform any specific work for the service. Section 121(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 from undertaking its functions. Section 121(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 the approval of Parliament before assuming responsibility for the functions. Section 121(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 the problem. [Act No. 7 of 2016 , Sch, Act No. 11 of 2020 , s. 23.]
Part XIII
PROCEDURE FOR SUSPENSION OF COUNTY GOVERNMENT
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PROCEDURE FOR SUSPENSION OF COUNTY GOVERNMENT - 122. Grounds for suspension arising from conflict or war
Grounds for suspension in an emergency arising out of internal conflict or war.
Section 122. Grounds for suspension arising from conflict or war Section in an emergency arising out of internal conflict or war; or - 123 Verify source ↗
PROCEDURE FOR SUSPENSION OF COUNTY GOVERNMENT - 123. Suspension of county government in exceptional circumstances
Allows a person to petition the President to suspend a county government (requires supporter signatures); sets steps for reporting, commission inquiry, Senate consideration, and possible suspension up to ninety days.
Section 123. Suspension of county government in exceptional circumstances Section 123(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 Constitution if the county government engages in actions that are deemed to be against the common needs and interests of the citizens of a county. Section 123(2) A petition under subsection (1) shall be supported by the signatures of not less than ten percent of the registered voters in the county. Section 123(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 referred to as the apex body) established under the law governing intergovernmental relations for approval. Section 123(4) Upon approval by the apex body, the President shall nominate members 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 the Gazette . Section 123(5)(a) a Chairperson, who shall be an advocate of the High Court of Kenya with at least fifteen years’ experience; Section 123(5)(b) the Chairperson of the National Police Service; Section 123(5)(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 county government; and Section 123(5)(d) two other persons not resident in the affected county with experience in conflict management. Section 123(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 thereof shall be entitled to be heard. Section 123(7) The Commission shall inquire into the matters before it within three months of its appointment and report on the facts and submit its recommendations to the President. Section 123(8)(a) the report and the recommendations of the Commission; and Section 123(8)(b) the petition for suspension of the county government. Section 123(9)(a) a memorandum stating that the President is satisfied that justifiable grounds exist for suspension of the county government; Section 123(9)(b) the report and the recommendations of the Commission; and Section 123(9)(c) the petition for suspension of the county government. Section 123(9a)(a) a memorandum stating that the President is not satisfied that justifiable grounds exist for suspension of the county government; Section 123(9a)(b) the report and the recommendations of the Commission; and Section 123(9a)(c) the petition for suspension of the county government. Section 123(10) Where the President, in the memorandum submitted under subsection (9)(a), is satisfied that justifiable grounds exist for the suspension of a county government, the Speaker of the Senate shall refer the documents received under subsection (9) to the relevant committee of the Senate for consideration. Section 123(11) The committee shall, within fourteen days of receipt of the documents under subsection (10), consider the documents and make its recommendations to the Senate on whether or not the Senate should authorise the suspension of the county government. Section 123(12) An authorisation by the Senate under subsection (11) shall be by a resolution adopted in accordance with the provisions of Articles 122 and 123 of the Constitution. Section 123(13) Upon authorisation of the suspension of a county government by the Senate in terms of Article 192(2) of the Constitution, the President shall, within fourteen days of receipt of the Senate resolution and by notice in the Gazette , suspend the county government for a period not exceeding ninety days, or until the suspension is terminated earlier by the Senate in accordance with Article 192(4) of the Constitution. [Act No. 10 of 2020 , s. 2.] - 124 Verify source ↗
PROCEDURE FOR SUSPENSION OF COUNTY GOVERNMENT - 124. Prorogation of the county assembly
While a county government is suspended the county assembly is prorogued; assembly leadership and members stay in office with half benefits; pending bills without assent expire and must be re‑introduced after suspension; committees are dissolved and reconstituted when suspension ends; suspension ends if the Senate terminates it, after 90 days, or when IEBC publishes a county assembly election notice in the Kenya Gazette.
Section 124. Prorogation of the county assembly Section 124(1) During the period of suspension of a county government, the county assembly shall stand prorogued. Section 124(2) During a period of suspension, the speaker, the deputy speaker and members of the county assembly shall remain in office and shall retain half their benefits. Section 124(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 upon the cessation of the suspension. Section 124(4) County assembly committees shall be dissolved during the period of suspension and shall be reconstituted upon the cessation of suspension. Section 124(5)(a) if the suspension is terminated by the Senate as provided in this Act; Section 124(5)(b) upon the expiry of ninety days; or Section 124(5)(c) upon the publication of a notice on the holding of the election of the county assembly in the Kenya Gazette by the Independent Electoral and Boundaries Commission according to the provisions of the Elections Act (Cap. 7). - 125 Verify source ↗
PROCEDURE FOR SUSPENSION OF COUNTY GOVERNMENT - 125. Suspension of the county executive committee
When a county government is suspended, the county executive committee's functions are taken over by an interim county management board; during suspension the Governor, deputy Governor and members of the executive committee receive half of their benefits.
Section 125. Suspension of the county executive committee Section 125(1) During the period of suspension of a county government, the functions of the county executive committee shall be suspended and its functions shall be undertaken by an interim county management board. Section 125(2) During a period of suspension, the Governor, deputy Governor and members of the executive committee shall receive half of their benefits. - 126 Verify source ↗
PROCEDURE FOR SUSPENSION OF COUNTY GOVERNMENT - 126. Establishment of the Interim County Management Board
The President must appoint an Interim County Management Board by Gazette notice; the President appoints the Chairperson with Senate approval; the Cabinet Secretary responsible for intergovernmental relations appoints the other members (3–5) with Senate approval and appoints the board secretary; the Board may co‑opt up to three specialist members.
Section 126. Establishment of the Interim County Management Board Section 126(1) An Interim County Management Board for a suspended county government shall be appointed by the President by notice in the Gazette . Section 126(2)(a) a Chairperson appointed by the President with the approval of the Senate; Section 126(2)(b) not less than three, or more than five other members appointed by the Cabinet Secretary responsible for intergovermental relations with the approval of the Senate; and Section 126(2)(c) a certified public secretary of good professional standing appointed by the Cabinet Secretary responsible for intergovermental relations who shall be the secretary to the board. Section 126(3)(a) is a resident of the county in question; Section 126(3)(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 in Kenya; Section 126(3)(c) has not for the last five years stood for elective office in the suspended county government, or been an officer or employee of the suspended county government; and Section 126(3)(d) has not, for the last five years, been a member of a governing body of a political party. Section 126(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 Board and on such terms as the Board may specify. - 127 Verify source ↗
PROCEDURE FOR SUSPENSION OF COUNTY GOVERNMENT - 127. Functions of the Interim County Management Board
Section 127 sets out functions, powers and procedural rules for the Interim County Management Board, including powers to summon persons and documents, require information, receive evidence, issue written instructions; obligations for the Board to report within ninety days; Cabinet Secretary to provide staff; entitlement to allowances for Board members; prohibitions on suspended county government members exercising oversight; and immunity for Board members acting in good faith.
Section 127. Functions of the Interim County Management Board Section 127(1)(a) assist the county government in setting up a programme for complete restoration of protection of human rights, peace, security and public order; Section 127(1)(b) work closely with the county administration in improving the general governance and service delivery; Section 127(1)(c) summon any member, officer or employee of county government or any other person to appear before the Board concerning matters relevant to its functions; Section 127(1)(d) summon any member, officer or employee of county government or any other person to produce any books or documents relating to the functions of the Board; Section 127(1)(e) require the county government to provide additional information or to explain any inconsistency, where the Board determines, based on information it may have obtained; Section 127(1)(f) hear and receive evidence and examine witnesses; and Section 127(1)(g) issue instructions in writing to members, officers and employees of the county government for the better implementation of its functions. Section 127(2)(a) neglects or refuses to comply with the summons issued by the Board; Section 127(2)(b) having appeared, refuses to be examined on oath or affirmation or to take such oath or affirmation; Section 127(2)(c) having taken such oath or affirmation, refuses to answer fully and satisfactorily, to the best of his knowledge and belief, all questions put to him; or Section 127(2)(d) knowingly and wilfully gives any evidence which is untrue in any particular matter, Section 127(3) The members of the Board shall be paid allowances to cater for their expenses as such reimbursement for reasonable and necessary expenses as shall be advised by the Salaries and Remuneration Commission. Section 127(4) The Cabinet Secretary responsible for intergovernmental relations shall provide such staff as may be necessary for purposes of the performance of the functions of the Board. Section 127(5) No member of the suspended county government shall exercise any supervisory or oversight control over the functions of the Board or its activities. Section 127(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, demand or liability whatsoever. Section 127(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 recommendations. - 128 Verify source ↗
PROCEDURE FOR SUSPENSION OF COUNTY GOVERNMENT - 128. Dissolution of the Interim County Management Board
The President must, by notice in the Gazette, dissolve an Interim County Management Board when the new county government comes into office after elections under Article 192(6) of the Constitution.
Section 128. Dissolution of the Interim County Management Board Section The President by notice in the Gazette shall dissolve an Interim County Management Board upon the new county government coming to office after holding elections pursuant to Article 192(6) of the Constitution. - 129 Verify source ↗
PROCEDURE FOR SUSPENSION OF COUNTY GOVERNMENT - 129. Termination of suspension by the Senate
The Senate may terminate a county government's suspension; a Senator may move such a motion; the Speaker must refer the motion to a select committee which must report within ten days; if the motion is supported by a majority of county delegations the suspension ends, the Interim County Management Board is dissolved, and local officers resume functions and benefits.
Section 129. Termination of suspension by the Senate Section 129(1) Pursuant to Article 192(4) of the Constitution, the Senate may at any time terminate the suspension of a county government. Section 129(2) A member of the Senate may move a motion for the termination of a suspension under subsection (1). Section 129(3) Where a member gives notice of a motion under subsection (2), the Speaker of the Senate shall refer the proposed motion to the relevant select committee of the Senate to consider the proposed termination of the suspension of the county government and to make recommendations as to whether or not the Senate should terminate the suspension of the county government. Section 129(4) The committee under subsection (3) shall report to the Senate within ten days of referral of the proposed motion to the committee. Section 129(5) In considering the proposed termination under subsection (3), the committee shall invite representations from the members of public, the Interim County Management Board and any other relevant person. Section 129(6) A motion under subsection (2) shall be moved upon the tabling of the report of the committee under subsection (4). Section 129(7) If the motion is supported by a majority of all the county delegations of the Senate, the suspension of the county government shall stand terminated. Section 129(8)(a) the Interim County Management Board appointed under section 126 shall stand dissolved; and Section 129(8)(b) the Governor, the deputy Governor, and the members of the county executive committee, the speaker and the members of the county assembly shall resume their functions and continue to receive their benefits in full from the date of termination of the suspension and shall hold office for the remainder of their term. - 130 Verify source ↗
PROCEDURE FOR SUSPENSION OF COUNTY GOVERNMENT - 130. County elections after suspension
Elections for a suspended county must be held within ninety days of suspension; the Independent Electoral and Boundaries Commission must cause elections for the Governor and county assembly in the affected county in accordance with the Elections Act (Cap. 7).
Section 130. County elections after suspension Section 130(1) Elections for a suspended county shall be held within ninety days after the suspension. Section 130(2) The Independent Electoral and Boundaries Commission shall cause elections of the Governor and county assembly to be held in the affected county according to the provisions of the Elections Act (Cap. 7).
Part XIV
MISCELLANEOUS PROVISIONS
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MISCELLANEOUS PROVISIONS - 131. Financial provision
County governments' funds and financial management must follow the law relating to public finance; procedures for budgeting, borrowing powers and grants management must follow that law.
Section 131. Financial provision Section 131(1) The funds and financial management of county governments shall be as provided under the law relating to public finance. Section 131(2) The procedure of budgeting, borrowing powers and grants management shall be as provided in the law relating to public finance. - 132 Verify source ↗
MISCELLANEOUS PROVISIONS - 132. Pension schemes
All members, officers and staff of a county government must subscribe to an existing pension scheme for officers and staff of local government, subject to transitional provisions.
Section 132. Pension schemes Section Subject to the transitional provisions herein, all members, officers and staff of a county government shall subscribe to an existing pension scheme for officers and staff of local government. - 133 Verify source ↗
MISCELLANEOUS PROVISIONS - 133. Protection against personal liability
Certain county officials and persons acting under county direction are exempt from personal civil liability for acts done in good faith while executing duties; persons not so exempt who misuse funds contrary to rules must be accountable and make good any loss.
Section 133. Protection against personal liability Section 133(1)(a) any member of the county government or its administration board or committee; Section 133(1)(b) any member of the county assembly; Section 133(1)(c) any member of staff or other person in the service of the county government; or Section 133(1)(d) any person acting under the direction of the county government, shall, if that act, matter or thing was done or omitted in good faith in the execution of a duty or under direction, render that member or person personally liable to any civil liability. Section 133(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 required to make good the loss even if that person has ceased to hold office. - 135 Verify source ↗
MISCELLANEOUS PROVISIONS - 135. Regulations
The Cabinet Secretary may make regulations, including for all county governments or any class of county governments and further units of decentralization; regulations made under this section must be tabled before the Senate for approval and do not take effect until that approval is obtained.
Section 135. Regulations Section 135(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 or for any class of county governments and further units of decentralization. Section 135(2) Regulations made under this section shall be tabled before the Senate for approval, and shall not take effect until such approval is obtained.
Part XV
TRANSITIONAL PROVISIONS
- 137 Verify source ↗
TRANSITIONAL PROVISIONS - 137. Facilitation of civic education
Section 137 assigns responsibility to specified Ministries and the Commission to design, coordinate, implement and ensure appropriate content of civic education, and requires those Ministries to build county capacity for civic education.
Section 137. Facilitation of civic education Section 137(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 programmes. Section 137(2)(a) the Ministries responsible for matters of civic education, devolution and county governments respectively shall be responsible for the design and coordination of overall civic education on devolution as provided for in this Act; and Section 137(2)(b) the Commission for the Implementation of the Constitution shall ensure that the content of civic education curriculum and materials developed pursuant thereto, reflect the letter and spirit of Chapter Eleven of the Constitution. Section 137(3) The Ministries specified under subsection (2) shall, create capacity and facilitate the county governments to effectively assume their responsibilities in the delivery of civic education in the county. - 138 Verify source ↗
TRANSITIONAL PROVISIONS - 138. Arrangements for public servants
Section 138 protects certain public officers' terms of service from disadvantage, restricts removal except under existing terms or law, allows improvements to terms, requires appointed officers to discharge duties, and tasks the transition body to facilitate staff redeployment.
Section 138. Arrangements for public servants Section 138(1)(a) the officer’s terms of service including remuneration, allowances and pension or other benefits shall not be altered to the officer’s disadvantage; and Section 138(1)(b) the officer shall not be removed from the service except in accordance with the terms and conditions applicable to the officer as at the date immediately before the establishment of the county government or in accordance with the law applicable to the officer at the time of commencement of the proceedings for the removal; and Section 138(1)(c) the officer’s terms and conditions of service may be altered to office’s advantage. Section 138(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 county government shall discharge those duties in relation to the relevant functions of the county government or national government, as the case may be. Section 138(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 governments. Section 138(4)(a) the County Public Service Board or other lawful authority from promoting or appointing the officer to another public office in the county; or Section 138(4)(b) re-deployment by the relevant lawful authority. Section 138(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 government. Section 138(6) Appointment of a public officer by the Commission includes appointment of a public officer on powers delegated by the Commission. Section 138(7) The provisions of subsection (1) shall not apply to a public officer serving in a county government and performing national government functions under the Constitution or any written law. [Act No. 1 of 2013 , s. 24.]
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