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.

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.

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.

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.

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.

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

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

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.

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

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

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.

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

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.

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 19. Functions of the Clerk

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.

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.

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

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.

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.

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

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

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.

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.

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

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

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.

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

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.

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.

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.

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.

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

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.

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.

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.

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.

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 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.

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.

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

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.