Kenya Act or statute

Parliament of Kenya

County Assembly Services Act

Jurisdiction: Kenya
Structure: 46 provisions
Citation: Cap. 265D
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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“This Act may be cited as the County Assembly Services Act.”

This Act may be cited as the County Assembly Services Act. This section provides definitions of terms used in the Act, including Board, chairperson, Clerk, code of conduct, county assembly service values, county public service board, fund, office, officer or employee, revenue fund, Secretary, Service, services and facilities, and Speaker. The Act provides a framework for establishing and effectively operating the Service in relation to each county assembly. Section 4 establishes the County Assembly Service and requires members and employees to preserve its non-partisan, apolitical character: employees must not take directions from external sources, and members must respect the Service's non-partisan and apolitical character and must not seek to influence employees. The values and principles of public service under Article 232(1) of the Constitution shall apply to the Service established under this Act.

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PRELIMINARY - 1. Short title

This Act may be cited as the County Assembly Services Act.

Section 1

COUNTY ASSEMBLY SERVICE BOARD - 14. Seal of the Board

The Board may determine the design of its seal; the Secretary must keep the seal and must authenticate its affixing; documents under the Board's seal are to be received in evidence and deemed executed unless contrary is proved.

Section 14

THE CLERK AND OTHER STAFF - 24. Offices in the Service

The Board must establish offices in the Service, record them in the Service's organisational structure, and appoint a reputable human resource firm to advise on reviewing that structure.

Section 24

MISCELLANEOUS PROVISIONS - 35. Legal proceedings against the Board

Proceedings against the Board must be commenced in the name of the Board; notices or other processes in respect of those proceedings must be served on the Secretary to the Board.

Section 35

MISCELLANEOUS PROVISIONS - 48. Transition and savings

Each county assembly must appoint members of a County Assembly Service Board within thirty days after commencement; persons who were board members immediately before commencement shall continue to serve until the first general elections after commencement.

Section 48

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Showing 46 of 46 provisions

Provision 37Commencement 3Interpretation 2Offence 2

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the County Assembly Services Act.

Section 1. Short title Section This Act may be cited as the County Assembly Services Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

This section provides definitions of terms used in the Act, including Board, chairperson, Clerk, code of conduct, county assembly service values, county public service board, fund, office, officer or employee, revenue fund, Secretary, Service, services and facilities, and Speaker.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Board" means the County Assembly Service Board established under section 12 of the County Governments Act (Cap. 265) with respect to each county assembly; "chairperson" includes the vice-chairperson or any other member of the Board when discharging the functions of the chairperson; "Clerk" means the Clerk of the county assembly; "code of conduct" means the code of conduct of the Service prescribed by the Board under section 6 ; "county assembly service values" means the values and principles of the Service specified under section 5 ; "county public service board" means the county public service board established under section 57 of the County Governments Act; "fund" means the County Assembly Fund established under section 34 ; "office", in relation to the Service, means a paid office as an employee of the Service, not being the office of a member of the Board, or a part-time office, or an office the emoluments of which are payable at an hourly or daily rate; "officer" or "employee" means any person who holds or acts in any office of the Service otherwise than as a part time officer or employee; "revenue fund" means a revenue fund established under Article 207 of the Constitution; "Secretary" means the Clerk of the county assembly or, in the absence of the Clerk, the person exercising the functions of the Clerk; "Service" means the County Assembly Service established with respect to each county assembly under section 4 ; "services and facilities" includes all means by which members and staff of the county assembly are officially assisted in performing their legislative duties; and "Speaker" means the Speaker of the county assembly.

Section 2Verify source

§ 3PRELIMINARY - 3. Object and purpose of the ActProvision

The Act provides a framework for establishing and effectively operating the Service in relation to each county assembly.

Section 3. Object and purpose of the Act Section provide a framework for the establishment and effective operation of the Service with respect to each county assembly;

Section 3Verify source

Part II

THE COUNTY ASSEMBLY SERVICE

§ 4THE COUNTY ASSEMBLY SERVICE - 4. The County Assembly ServiceProvision

Section 4 establishes the County Assembly Service and requires members and employees to preserve its non-partisan, apolitical character: employees must not take directions from external sources, and members must respect the Service's non-partisan and apolitical character and must not seek to influence employees.

Section 4. The County Assembly Service Section 4(1) There shall be a service for each county assembly to be known as the County Assembly Service. Section 4(2) The Service shall be an institution of exemplary administrative and technical competence. Section 4(3) In the performance of their functions, employees of the Service shall not seek or receive directions from any source external to the Service. Section 4(4) Every member of a county assembly shall respect the non-partisan and apolitical character of the Service and shall not seek to influence employees of the Service in the discharge of their functions.

Section 4Verify source

§ 5THE COUNTY ASSEMBLY SERVICE - 5. County Assembly Service valuesProvision

The values and principles of public service under Article 232(1) of the Constitution shall apply to the Service established under this Act.

Section 5. County Assembly Service values Section 5(1) The values and principles of public service set out under Article 232(1) of the Constitution shall apply to the Service established under this Act. Section 5(2)(a) the fostering of peace; Section 5(2)(b) the provision of non-partisan and impartial advice and services to the county assembly, its committees and its members; Section 5(2)(c) the maintenance of honesty, accountability and integrity in the delivery of services, having regard to the principles of political neutrality, professionalism, economy, efficiency, equality and fairness, courtesy and discipline; Section 5(2)(d) the provision of a workplace that recognises the diverse backgrounds of the employees of the Service and promotes national integration; Section 5(2)(e) the maintenance of the spirit of co-operation in the workplace based on consultation and communication; Section 5(2)(f) the provision of a fair, flexible, safe and rewarding workplace; Section 5(2)(g) the inspiration of public confidence in and respect for the county assembly; Section 5(2)(h) the fostering of understanding and co-operation between the county executive and the county assembly in the context of their autonomy and complementarity; and Section 5(2)(i) such other values as the Board may, from time to time, prescribe.

Section 5Verify source

§ 6THE COUNTY ASSEMBLY SERVICE - 6. Code of conductProvision

The Board may prescribe a code of conduct; employees must follow specified conduct requirements including patriotism, integrity, confidentiality, disclosure of conflicts, avoiding false information, and not using non-public information for advantage.

Section 6. Code of conduct Section 6(1) The Board may, from time to time, prescribe a code of conduct. Section 6(2)(a) be patriotic and loyal to Kenya and at all times conduct himself or herself in a manner that promotes the image and interests of the country; Section 6(2)(b) conduct himself or herself with honesty and integrity and act with care and diligence; Section 6(2)(c) use the resources of the county conscientiously and combat corruption and misuse or wastage of public resources; Section 6(2)(d) respect and observe the law of the land and co-operate with all lawful agencies in the maintenance of law and order; Section 6(2)(e) treat all persons with respect and courtesy and, in particular, protect persons with disabilities and other vulnerable groups against any form of abuse, harassment or ill-treatment; Section 6(2)(f) promote gender equality and respect for the rights and freedoms of others; Section 6(2)(g) preserve and protect the environment and national heritage; Section 6(2)(h) comply with any lawful and reasonable direction given by any person in the Service having authority to give such direction; Section 6(2)(i) maintain appropriate confidentiality about dealings that the employee has with the county assembly, its committees, its members and its staff, including employees of members, if any; Section 6(2)(j) disclose, and take reasonable steps to avoid, any conflict of interest, real or apparent, in connection with the Service; Section 6(2)(k) not provide false or misleading information in response to a request for information that is made for official purposes; Section 6(2)(l) any information obtained through or in connection with the office of such employee and which is not yet made available to the public; or Section 6(2)(l)(i) any information obtained through or in connection with the office of such employee and which is not yet made available to the public; or Section 6(2)(l)(ii) the employee's duties, status, power or authority, in order to gain, or seek to gain, a benefit or advantage for him or herself or for anyone else; Section 6(2)(m) conduct him or herself in a manner that upholds the letter and spirit of the values and the integrity and good reputation of the Service; Section 6(2)(n) while on duty overseas, conduct himself or herself in a manner that promotes the good image of Kenya; and Section 6(2)(o) comply with any other requirements of conduct as may be prescribed by the Board.

Section 6Verify source

§ 7THE COUNTY ASSEMBLY SERVICE - 7. Complementarity of values and codes of conductProvision

The County Assembly Service values and the code of conduct in sections 5 and 6 must be additional to, and not derogate from, any other written law relating to citizens of Kenya generally.

Section 7. Complementarity of values and codes of conduct Section The County Assembly Service values and the code of conduct provided for in sections 5 and 6 , respectively shall be in addition to, and not in derogation from any others that may be specified by or under any other written law in relation to the citizens of Kenya generally.

Section 7Verify source

Part III

COUNTY ASSEMBLY SERVICE BOARD

§ 10COUNTY ASSEMBLY SERVICE BOARD - 10. Removal from officeOffence

Members of the County Assembly Service Board may be removed for specified grounds; any person may petition the county assembly for removal, and the removal procedure is as prescribed in the county assembly Standing Orders.

Section 10. Removal from office Section 10(1)(a) violation of the Constitution; Section 10(1)(b) inability to discharge duties for any reason; Section 10(1)(c) bankruptcy; or Section 10(1)(d) if convicted of any offence with a sentence of more than six months imprisonment. Section 10(2) Any person may petition the county assembly for the removal of the member of the Board on the grounds specified under subsection (1). Section 10(3) The procedure for the removal of a member of the Board under this section shall be as prescribed in the Standing Orders of the county assembly.

Section 10Verify source

§ 11COUNTY ASSEMBLY SERVICE BOARD - 11. Functions of the BoardProvision

The Board must direct and supervise the Service, exercise budgetary control, set terms of service, develop policies, provide training and capacity building, promote parliamentary ideals and public participation, and may do other necessary things for members and staff well-being.

Section 11. Functions of the Board Section 11(1)(a) direct and supervise the administration of the services and facilities provided by, and exercise budgetary control over, the Service; Section 11(1)(b) determine and review the terms and conditions of service of persons holding or acting in the offices of the Service; Section 11(1)(c) initiate, co-ordinate and harmonize policies and strategies relating to the development of the Service; Section 11(1)(d) for training and capacity building of members and staff of the county assembly and other persons; Section 11(1)(d)(i) for training and capacity building of members and staff of the county assembly and other persons; Section 11(1)(d)(ii) that promote ideals of parliamentary democracy as set out in Article 127(6)(d) of the Constitution; and Section 11(1)(d)(iii) that promote public awareness and participation in the activities of the county assembly; and Section 11(1)(e) do such other things as may be necessary for the well-being of the members and staff of the county assembly. Section 11(2)(a) the national values and principles of governance set out in Article 10 of the Constitution; and Section 11(2)(b) the values and principles of public service set out in Article 232(1) of the Constitution.

Section 11Verify source

§ 12COUNTY ASSEMBLY SERVICE BOARD - 12. Powers of the Board as a body corporateProvision

The Board has the power to acquire, hold, charge and dispose of movable and immovable property.

Section 12. Powers of the Board as a body corporate Section acquire, hold, charge and dispose of movable and immovable property;

Section 12Verify source

§ 13COUNTY ASSEMBLY SERVICE BOARD - 13. Committees of the BoardProvision

The Board may establish committees and co-opt qualified persons into them; co-opted persons have no right to vote at committee meetings.

Section 13. Committees of the Board Section 13(1) The Board may from time to time establish such committees it may consider necessary for the better carrying out of its functions and the exercise of its powers under this Act. Section 13(2) The Board may co-opt into the membership of any committee established under subsection (1) any person whose knowledge and skills are necessary for the proper performance of the functions of the Board. Section 13(3) A person co-opted under subsection (2) shall have no right to vote at any meeting of the committee.

Section 13Verify source

§ 14COUNTY ASSEMBLY SERVICE BOARD - 14. Seal of the BoardProvision

Section 14. Seal of the Board Section 14(1) The seal of the Board shall be such device as may be determined by the Board and shall be kept by the Secretary. Section 14(2) The affixing of the seal shall be authenticated by the Secretary. Section 14(3) Any document purporting to be under the seal of the Board or issued on behalf of the Board shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved.

Section 14Verify source

§ 15COUNTY ASSEMBLY SERVICE BOARD - 15. Allowances for the members of the BoardProvision

Members of the Board are entitled to be paid allowances set by the Salaries and Remuneration Commission.

Section 15. Allowances for the members of the Board Section Members of the Board shall be paid such allowances as the Salaries and Remuneration Commission may determine.

Section 15Verify source

§ 16COUNTY ASSEMBLY SERVICE BOARD - 16. Conduct of business and affairs of the BoardProvision

The Board must conduct its business and affairs as set out in the Second Schedule.

Section 16. Conduct of business and affairs of the Board Section The conduct of business and affairs of the Board shall be as set out in the Second Schedule.

Section 16Verify source

§ 17COUNTY ASSEMBLY SERVICE BOARD - 17. Functions of the SecretaryProvision

Section 17 lists the Secretary's functions (including CEO, accounting officer, administrative head, custodian of records, executing Board decisions, assigning and supervising staff, preparing programmes, keeping minutes, ensuring staff ethics, and other duties) and sets accountability and delegation rules between the Board, the Secretary and employees.

Section 17. Functions of the Secretary Section 17(1)(a) the chief executive officer of the Board; Section 17(1)(b) the accounting officer of the Board; Section 17(1)(c) the administrative head of the Service; Section 17(1)(d) the custodian of the Board's records; Section 17(1)(e) the execution of the decisions of the Board; and Section 17(1)(e)(i) the execution of the decisions of the Board; and Section 17(1)(e)(ii) assignment of duties and supervision of the staff of the Board; Section 17(1)(f) the preparation and submission of the programmes necessary for the achievement of the Board's mandate for approval by the Board; Section 17(1)(g) causing to be kept records of the proceedings and minutes of the meetings of the Board and such other records as the Board may direct; Section 17(1)(h) ensuring staff compliance with public service values, principles and ethics; and Section 17(1)(i) the performance of such other duties as may be assigned by the Board or any other written law. Section 17(2) The Secretary shall be responsible to the chairperson of the Board and the Board for the general working and efficient conduct of business of the Service. Section 17(3) The Board may delegate to the Secretary such of its functions as are necessary to carry out the day to day management of the Service, and subject to such directions as may be given by the Board. Section 17(4) The Secretary may, in consultation with the Board, assign or delegate any of the functions under this section to an employee of the Service.

Section 17Verify source

§ 8COUNTY ASSEMBLY SERVICE BOARD - 8. Qualifications of members of the BoardProvision

Qualifications of members of the Board: the national values and principles set out in Article 10 of the Constitution.

Section 8. Qualifications of members of the Board Section the national values and principles set out in Article 10 of the Constitution; and

Section 8Verify source

§ 9COUNTY ASSEMBLY SERVICE BOARD - 9. Qualifications and procedure for appointmentProvision

Members of the County Assembly Service Board must satisfy the qualifications listed in subsection (1): be Kenyan citizens; hold a university degree recognized in Kenya; have at least ten years' experience in public affairs; and meet Chapter Six leadership and integrity requirements.

Section 9. Qualifications and procedure for appointment Section 9(1)(a) is a citizen of Kenya; Section 9(1)(b) holds a degree from a university recognized in Kenya; Section 9(1)(c) has at least ten years experience in public affairs; and Section 9(1)(d) meets the requirements of leadership and integrity in Chapter Six of the Constitution. Section 9(2) The procedure for appointment of the members of the Board referred to in subsection (1) shall be as set out in the First Schedule.

Section 9Verify source

Part IV

THE CLERK AND OTHER STAFF

§ 18THE CLERK AND OTHER STAFF - 18. AppointmentProvision

The Board must appoint the person approved by the county assembly as Clerk of the county assembly within seven days of receiving the county assembly's approving resolution.

Section 18. Appointment Section 18(1) The nomination of a person for appointment as a Clerk of the county assembly under section 13 of the County Governments Act (Cap. 265) shall be done through an open, transparent and competitive recruitment process. Section 18(2) The name of a person nominated by the Board for appointment as the Clerk of the county assembly shall be submitted to the county assembly for approval in accordance with the Standing Orders of the county assembly. Section 18(3) The Board shall, within seven days of receipt of the resolution of the county assembly approving a person for appointment as Clerk of the county assembly, appoint that person as Clerk of the county assembly.

Section 18Verify source

§ 19THE CLERK AND OTHER STAFF - 19. Functions of the ClerkProvision

Section 19. Functions of the Clerk

Section 19. Functions of the Clerk Section the chief administrative officer of the county assembly; and

Section 19Verify source

§ 20THE CLERK AND OTHER STAFF - 20. Procedural Functions of the ClerkProvision

The Clerk has procedural functions including giving expert impartial advice, carrying out other duties and powers conferred by law or Standing Orders; the Clerk shall be assisted by officers and is under the direction of the Speaker, or the Deputy Speaker when the Speaker is vacant or unable to act.

Section 20. Procedural Functions of the Clerk Section 20(1)(a) the rendering of expert, non-partisan and impartial advice to the members of the county assembly on the legislative process, and parliamentary procedure and practice; and Section 20(1)(b) the carrying out such other duties and exercising powers as may be conferred on him or her by law or by the Standing Orders and practices of the county assembly. Section 20(2) In carrying out the functions specified in subsection (1), the Clerk shall be assisted by such other officers of the Service as may be necessary. Section 20(3) Subject to this Act and any other written law, the Clerk shall, in carrying out and exercising the power conferred on him or her by the Standing Orders and practices of the county assembly, be under the direction of the Speaker. Section 20(4) At any time when the office of the Speaker is vacant or the holder of the office is unable for any reason to carry out the duties and exercise the powers and functions of his or her office, the Clerk shall, during that period and in relation to the carrying out of the duties and exercise of the powers and functions referred to in this section, be under the direction of the Deputy Speaker of the assembly.

Section 20Verify source

§ 21THE CLERK AND OTHER STAFF - 21. Exercise of functions of a Clerk during vacancy or inabilityProvision

If the Clerk's office is vacant or the Clerk is unable to act, the Deputy Clerk or, if absent, another officer appointed by the Board may exercise all the Clerk's functions, duties and powers.

Section 21. Exercise of functions of a Clerk during vacancy or inability Section If the office of the Clerk is vacant, or if for any reason the Clerk is unable to exercise the functions of his or her office, the Deputy Clerk or, in the absence of the Deputy Clerk, any other officer in the Service appointed by the Board may exercise all the functions, duties and powers of the Clerk.

Section 21Verify source

§ 22THE CLERK AND OTHER STAFF - 22. Suspension or removal of the ClerkProvision

The Clerk may be suspended or removed if unable to perform the functions of the office due to infirmity of body or mind.

Section 22. Suspension or removal of the Clerk Section inability to perform the functions of the office, whether arising from infirmity of body or mind;

Section 22Verify source

§ 23THE CLERK AND OTHER STAFF - 23. Procedure for removal of the ClerkProvision

Sets the procedure the Board, Speaker, select committee and assembly must follow to seek removal of the Clerk, and grants the Clerk the right to appear and be represented.

Section 23. Procedure for removal of the Clerk Section 23(1)(a) frame a charge or charges against the Clerk; Section 23(1)(b) forward the statement of the said charge or charges to the Clerk together with a brief statement of the allegations in support of the charges; Section 23(1)(c) invite the Clerk to respond to the allegations in writing setting out the grounds on which the Clerk relies to exculpate himself or herself; and Section 23(1)(d) invite the Clerk to appear before the Board, either personally or with an advocate as he or she may opt, on a day to be specified, to exculpate himself or herself. Section 23(2) If the Clerk does not furnish a reply to the charge or charges within the period specified, or if in the opinion of the Board the Clerk fails to exculpate himself or herself, the Board shall submit a notice of a motion to the Speaker seeking that the county assembly revokes the appointment of the Clerk. Section 23(3)(a) the grounds set out in section 21 in which the Clerk is in breach; and Section 23(3)(b) the facts constituting that ground. Section 23(4) Upon notice of the motion under subsection (2), the Speaker shall refer the matter to a select committee of the assembly consisting of eleven members and established in accordance with the Standing Orders of the assembly to investigate the matter within ten days of receipt of the motion. Section 23(5) The select committee shall, within ten days, report to the assembly whether it finds the allegations against the Clerk to be substantiated. Section 23(6) The Clerk shall have the right to appear and be represented before the select committee during its investigations. Section 23(7) The assembly shall consider the report of the select committee and resolve whether to approve the motion. Section 23(8) If the assembly approves a motion filed under this section, the Clerk against whom the motion was filed shall be deemed to have been removed from office from the date the motion was approved.

Section 23Verify source

§ 24THE CLERK AND OTHER STAFF - 24. Offices in the ServiceProvision

The Board must establish offices in the Service, record them in the Service's organisational structure, and appoint a reputable human resource firm to advise on reviewing that structure.

Section 24. Offices in the Service Section 24(1) The Board shall establish such offices in the Service as it considers necessary or expedient for the efficient performance of the functions of the Service. Section 24(2) The offices established under subsection (1) shall be set out in the organisational structure established by the Board. Section 24(3)(a) allocate functions to a directorate or department of the Service; and Section 24(3)(b) make such arrangements as appear to the Board expedient in connection with the creation, division, amalgamation or abolition of any directorate or department of the Service. Section 24(4) The Board shall, for the purposes of reviewing the organisational structure under subsection (3), appoint a reputable human resource firm to advise on the effectiveness and efficiency of the intended review.

Section 24Verify source

§ 25THE CLERK AND OTHER STAFF - 25. County assembly schemes of serviceProvision

The Secretary must administer the county assembly schemes of service for the staff of the Service.

Section 25. County assembly schemes of service Section 25(1)(a) the appointment and confirmation in appointment of officers and other staff; Section 25(1)(b) promotions, resignations and termination of appointments; Section 25(1)(c) secondment of staff and transfer of service; Section 25(1)(d) the scales of salaries and allowances; and Section 25(1)(e) the designation and grades of officers and other staff. Section 25(2) The Secretary shall be responsible for the administration of the schemes of service for the staff of the Service.

Section 25Verify source

§ 26THE CLERK AND OTHER STAFF - 26. Social security schemeProvision

Section must establish a contributory pension scheme for all its employees.

Section 26. Social security scheme Section shall establish a contributory pension scheme for all its employees;

Section 26Verify source

§ 27THE CLERK AND OTHER STAFF - 27. Disciplinary control of officersProvision

The Board must exercise disciplinary control over the Service's officers and may terminate a Service employee's employment in accordance with this Act and its Regulations.

Section 27. Disciplinary control of officers Section 27(1) The Board shall exercise disciplinary control over the officers of the Service. Section 27(2) The Board may terminate the employment of an employee of the Service in accordance with the provisions of this Act and the Regulations made thereunder. Section 27(3) The provisions of Article 236 of the Constitution shall apply in relation to the exercise of the powers conferred on the Board under this section.

Section 27Verify source

§ 28THE CLERK AND OTHER STAFF - 28. Establishment of the Management CommitteeProvision

The Board must establish a Management Committee; the Committee must advise the Board on matters relating to the Board's functions and powers under sections 11 and 12 and must consist of the Clerk, deputy clerk, heads of departments and other officers the Board may determine.

Section 28. Establishment of the Management Committee Section 28(1) The Board shall establish a committee to be known as the Management Committee which shall be responsible for advising the Board on matters relating to the functions and powers of the Board under sections 11 and 12 . Section 28(2) The Management Committee shall consist of the Clerk, the deputy clerk, heads of departments and such other officers as the Board may determine.

Section 28Verify source

§ 29THE CLERK AND OTHER STAFF - 29. Establishment of the Staff Advisory CommitteeProvision

Establishes the Staff Advisory Committee and covers appointment (including acting appointment), promotion and transfer of employees.

Section 29. Establishment of the Staff Advisory Committee Section appointment, including acting appointment, promotion and transfer of employees;

Section 29Verify source

§ 30THE CLERK AND OTHER STAFF - 30. Retirement and resignation of employeesProvision

Employees must retire at age sixty; the Board may require an employee to retire subject to subsection (4) and payment of due benefits.

Section 30. Retirement and resignation of employees Section 30(1) An employee shall retire from the Service on attaining the age of sixty years. Section 30(2)(a) after attaining the age of fifty years, elect to retire from the Service at any time; or Section 30(2)(b) in such manner as may be prescribed, resign from the Service at any time. Section 30(3) The Board may, subject to subsection (4), require an employee to retire from the Service at any time. Section 30(4)(a) done in such manner and for such reasons as may be prescribed; and Section 30(4)(b) upon payment of all the benefits owing to the officer at the time of retirement and such other exit package as may be prescribed.

Section 30Verify source

Part V

FINANCIAL PROVISIONS

§ 31FINANCIAL PROVISIONS - 31. Financial estimatesCommencement

The Secretary to the Board must prepare and present annual expenditure estimates at least three months before each financial year; the Secretary must ensure inclusive budgeting and public participation; the Board must review and may alter the estimates and forward them to the county assembly; the Secretary must give the County Treasury a copy of the Board-reviewed estimates.

Section 31. Financial estimates Section 31(1) At least three months before the commencement of each financial year the Secretary to the Board shall cause to be prepared, estimates of all the expenditure required for the purposes of this Act for that year, and shall present such estimates to the Board for review. Section 31(2) The Secretary shall ensure that the budgeting process is all inclusive and that it respects the principle of public participation. Section 31(3) The Board shall review the estimates forwarded under sub-section(1) and may make such alterations thereto as it may consider necessary, and shall thereafter forward them to the county assembly for approval. Section 31(4) The Secretary shall provide the County Treasury with a copy of estimates as reviewed by the Board under subsection (3). Section 31(5) Upon the approval of the estimates by the county assembly, all monies from time to time required for the purposes of this Act, shall be paid from the Consolidated Fund into the County Assembly Fund.

Section 31Verify source

§ 32FINANCIAL PROVISIONS - 32. Accounts and auditProvision

The Board must keep proper books of accounts; the Secretary must ensure the County Assembly Fund financial statement reports financial and non-financial performance.

Section 32. Accounts and audit Section 32(1) The Board shall cause to be kept all proper books of accounts of the income, expenditure and assets of the Board. Section 32(2)(a) submit to the Auditor-General the accounts of the Board for the year with copies to the County Treasury, Controller of Budget and Commission on Revenue Allocation; and Section 32(2)(b) publish and publicize the financial statement. Section 32(3) In preparing the financial statement for the County Assembly Fund, the Secretary shall ensure that the report contains information on the financial and non-financial performance of the Fund.

Section 32Verify source

§ 33FINANCIAL PROVISIONS - 33. Remuneration of staffProvision

The Board determines staff remuneration on the advice of the Salaries and Remuneration Commission; terms and conditions must be reviewed every three years or within a shorter period the Board may determine.

Section 33. Remuneration of staff Section 33(1) The employees of the Services shall be paid such remuneration and allowances as shall be determined by the Board on the advice of the Salaries and Remuneration Commission. Section 33(2) The terms and conditions of employees of the Service shall be reviewed every three years or within such shorter period as the Board may determine.

Section 33Verify source

§ 34FINANCIAL PROVISIONS - 34. Establishment of a County Assembly FundProvision

The administrator of the County Assembly Fund must ensure that the fund's earnings and accruals are kept in the fund and used only for the fund's established purposes.

Section 34. Establishment of a County Assembly Fund Section 34(1) There is established for each county, a fund to be known as the County Assembly Fund. Section 34(2)(a) any grants, gifts, donations or bequests; Section 34(2)(b) monies from investments of the Board and such fees imposed or levies administered by the Board; and Section 34(2)(c) such monies as may, in the future, be appropriated from the Revenue Fund established for each county. Section 34(3) There shall be paid out of the fund such administrative expenses as may be incurred by the Board under this Act or under any other law. Section 34(4) The administrator of the fund shall ensure that the earnings and accruals of the fund are retained in the fund and spent only for the purposes for which the fund is established.

Section 34Verify source

Part VI

MISCELLANEOUS PROVISIONS

§ 35MISCELLANEOUS PROVISIONS - 35. Legal proceedings against the BoardCommencement

Proceedings against the Board must be commenced in the name of the Board; notices or other processes in respect of those proceedings must be served on the Secretary to the Board.

Section 35. Legal proceedings against the Board Section 35(1) Proceedings against the Board shall be commenced in the name of the Board. Section 35(2) Any notice or other processes in respect of legal proceedings under subsection (1) shall be served upon the Secretary to the Board.

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§ 36MISCELLANEOUS PROVISIONS - 36. Annual report of operations of the BoardProvision

The Board must prepare and lay before the county assembly a report of its operations for each calendar year within three months after the end of that year.

Section 36. Annual report of operations of the Board Section 36(1) Within three months after the end of each calendar year, the Board shall prepare and lay before the county assembly, a report of its operations during that year. Section 36(2)(a) the activities the Board has undertaken; Section 36(2)(b) an evaluation on the extent to which the values and principles referred to in Articles 10 and 232 of the Constitution are complied with in the public service; Section 36(2)(c) information relating to performance of the Service and attendant challenges; and Section 36(2)(d) any other information that the Board may consider relevant.

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§ 37MISCELLANEOUS PROVISIONS - 37. Designated member may present documents, etc., in the county assemblyProvision

A designated member may present any document or other matter in the county assembly.

Section 37. Designated member may present documents, etc., in the county assembly Section lay before the county assembly any document or other matter;

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§ 38MISCELLANEOUS PROVISIONS - 38. Oath of office for members of the BoardSubstitution

Members (Chairperson, vice-chairperson and members) must take the prescribed oath or affirmation before assuming office; the Secretary and other required officers must take an oath on first appointment; persons with no or contrary religious belief may instead make a solemn affirmation; specified officers must administer oaths or affirmations.

Section 38. Oath of office for members of the Board Section 38(1) The Chairperson, vice-chairperson and members shall, before assuming office, take and subscribe to the oath or affirmation of office prescribed in the Third Schedule. Section 38(2) The Secretary and such other officers of the Board as the Board may require so to do, shall, on first appointment, take an oath in the form prescribed in the Third Schedule to this Act. Section 38(3) Where any person required to take an oath has no religious belief or the taking of such oath is contrary to his religious belief, he or she may make and subscribe a solemn affirmation in the form of the oath appointed substituting the words "solemnly and sincerely declare and affirm" for the word "swear" and omitting the words "So help me God". Section 38(4) Every oath or affirmation taken by the Chairperson shall be administered by the secretary and every oath or affirmation taken by any other member or the secretary shall be administered by the Chairperson. Section 38(5) Every oath or affirmation taken by any other officer shall be administered by the secretary.

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§ 39MISCELLANEOUS PROVISIONS - 39. Power to order attendance of witnessesProvision

The Board or any committee may, subject to section 43, order a person to attend, give evidence, or produce papers or documents in their possession or control.

Section 39. Power to order attendance of witnesses Section The Board or any committee thereof may, subject to section 43 , order any person to attend before it and to give evidence or to produce any paper, book, record or document in the possession or under the control of that person.

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§ 40MISCELLANEOUS PROVISIONS - 40. Privileges of witnessesProvision

A person summoned before the Board or its committee to give evidence or produce documents is entitled to the same rights and privileges as they would have before a court of law regarding that evidence, disclosure or production.

Section 40. Privileges of witnesses Section Every person summoned to attend to give evidence or to produce any paper, book, record or document before the Board or a committee thereof shall be entitled, in respect of that evidence or the disclosure of any communication or the production or any paper, book, record or document to the same right or privilege as before a court of law.

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§ 41MISCELLANEOUS PROVISIONS - 41. Evidence of proceedings in the Board not to be given without leaveProvision

Members, officers, and persons taking minutes or evidence for the Board or any committee must not give evidence elsewhere about those minutes, documents, proceedings or examinations without special leave from the chairperson; the vice-chairperson may give that special leave if the chairperson is absent or incapacitated.

Section 41. Evidence of proceedings in the Board not to be given without leave Section 41(1) A member or an officer of the Service or any person employed to take minutes or evidence before the Board or any committee shall not give evidence elsewhere in respect of the contents of those minutes or evidence or of the contents of any document laid before the Board or that committee or in respect of any proceedings or examination held before the Board or that committee without special leave first obtained from the chairperson. Section 41(2) The special leave referred to in subsection (1) may be given by the vice-chairperson in the absence or other incapacity of the chairperson.

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§ 42MISCELLANEOUS PROVISIONS - 42. Protection of members and staff of the BoardProvision

Members of the Board and its officers or servants are protected from personal liability for acts done in good faith carrying out the Act; however, the Board itself remains liable to pay compensation or damages for injuries or loss arising from exercise of powers under the Act.

Section 42. Protection of members and staff of the Board Section 42(1) Any act or thing done by any member of the Board or by any officer or servant of the Board shall not, if the act or thing was done in good faith for the purposes of carrying out this Act into effect, subject him or her personally to any liability, action, claim or demand whatsoever. Section 42(2) The provisions of subsection (1) shall not relieve the Board of the liability to pay compensation or damages to any person for an injury suffered by them, their property, or any of their interests arising directly or indirectly from the exercise of any power conferred by this Act.

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§ 43MISCELLANEOUS PROVISIONS - 43. Offences and penalties under the ActOffence

Section 43 lists offences for persons who give false or misleading information, unlawfully disclose or publish protected information, publish illegally disclosed information, unlawfully influence Board decisions, disobey Board orders, or refuse to be examined or answer lawful questions.

Section 43. Offences and penalties under the Act Section 43(1)(a) in connection with an application by himself or herself or any other person for employment, appointment or promotion in the Service, or in connection with any matter on which it is the duty of the Board to require information or evidence or into which it is the duty of the Board to inquire, wilfully gives to the Board or to any member thereof any information which is false or misleading in any material particular; Section 43(1)(b) in a manner contrary to the provisions of this Act, publishes or discloses to any unauthorised person or otherwise than in the course of duty the contents or any part of the contents of any document, communication or information whatsoever which has come to his knowledge in the course of his or her duties under this Act, and any person who knowingly acts in contravention of this paragraph; Section 43(1)(c) having possession of any information which to his or her knowledge has been published or disclosed in contravention of paragraph (b) of this section, publishes or communicates to any other person otherwise than for the purpose of any prosecution under this Act or in the course of his or her duty any such information; Section 43(1)(d) otherwise than in the course of duty, directly or indirectly by himself or herself or by any other person in any manner whatsoever unlawfully influences or attempts to influence any decision of the Board or of any member thereof; Section 43(1)(e) disobeys any order made by the Board or a committee for attendance or for production of papers, books documents or records; or Section 43(1)(f) refuses to be examined before, or to answer any lawful and relevant question put by the Board or a committee, Section 43(2) Subsection (1)(d) shall not prohibit any person from giving a certificate or testimonial to any applicant or candidate for the Service or supplying any information or assistance upon formal request made by the Board.

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§ 44MISCELLANEOUS PROVISIONS - 44. Examination and other panelsProvision

The Board may make provision for examinations and appoint selection, promotion or other panels; a panel appointed under subsection (1) may include persons who are not Board members.

Section 44. Examination and other panels Section 44(1) The Board may, in such manner as it deems fit, make provision for examinations and appoint such selection, promotion or other panels as it considers necessary for the proper discharge of its functions. Section 44(2) A panel appointed under subsection (1) may wholly or in part consist of persons who are not members of the Board.

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§ 45MISCELLANEOUS PROVISIONS - 45. Regulations by the BoardInterpretation

The Board may make regulations to better carry out this Act.

Section 45. Regulations by the Board Section 45(1) The Board may make Regulations generally for the better carrying out of the provisions of this Act. Section 45(2)(a) anything required by this Act to be prescribed; Section 45(2)(b) the conduct of the business of the Board; Section 45(2)(c) the administration and management of the services and facilities; Section 45(2)(d) the terms and conditions of service, pension and other retirement benefits of employees; Section 45(2)(e) the measures for the discipline of employees; Section 45(2)(f) the financial procedures of the Board; Section 45(2)(g) the orientation and training of members of the county assembly and employees; Section 45(2)(h) the security of members of county assembly; Section 45(2)(i) the handling of the assets and other resources of the Board; Section 45(2)(j) the delegation of the Board's functions or powers; Section 45(2)(k) public participation and outreach; and Section 45(2)(l) any other matter required under the Constitution, this Act or any other written law. Section 45(3)(a) the authority of the Board to make regulations shall be limited to bringing into effect the provisions of this Act and the fulfilment of the objectives specified under subsection (1); and Section 45(3)(b) the principles and standards set out under the Interpretation and General Provisions Act ( Cap. 2 ) and the Statutory Instruments Act (Cap. 2A) in relation to subsidiary legislation shall apply to regulations made under this Act.

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§ 48MISCELLANEOUS PROVISIONS - 48. Transition and savingsCommencement

Section 48. Transition and savings Section 48(1) Subject to subsection (2), each county assembly shall appoint the members of a County Assembly Service Board under sections 12(3)(b), (c) and (d) of the County Governments Act (Cap. 265) within thirty days after the commencement of this Act. Section 48(2) Upon the commencement of this Act and before the first general elections held after the coming into force of this Act, a person, who immediately before the commencement of this Act served as a member of a County Assembly Service Board appointed under sections 12 (3)(b), (c) and (d) of the County Governments Act (Cap. 265) in force before the commencement of this Act, shall continue to serve as a member of the Board, as one of the persons appointed under sections 12(3)(b), (c) and (d) .

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Legislative relationships

6 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

4 instruments

Act The Act
Section 3
Board to make regulations shall be limited to bringing into effect the provisions of this Act
Section 45
Constitution shall apply to the Service established under this Act
Section 5
County Governments Act
Sections 2, 18, 48

N–S

2 instruments

Service as may be necessary. Section 20(3) Subject to this Act
Section 20
Service in accordance with the provisions of this Act
Section 27

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