Assumption of the Office of Governor Act

This Act may be cited as the Assumption of the Office of Governor Act.

Jurisdiction: Kenya
Instrument: Act or statute
Citation: Cap. 265A
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 Assumption of the Office of Governor Act. Defines the meanings of the terms "Commission", "Committee", "county public officer", "Governor-elect", and "public officer" for this Act. Applies to the assumption of the Office of County Governor by a Governor-elect. The Committee must be guided by the values and principles set out in Article 10 of the Constitution when performing functions and exercising powers under this Act. Establishes an Assumption of the Office of County Governor Committee in each county and lists its members and certain roles and procedures.

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Provisions of Assumption of the Office of Governor Act

Showing 22 of 22

Part I

PRELIMINARY

1
PRELIMINARY - 1. Short title
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This Act may be cited as the Assumption of the Office of Governor Act.

Section 1. Short title Section This Act may be cited as the Assumption of the Office of Governor Act.
2
PRELIMINARY - 2. Interpretation
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Defines the meanings of the terms "Commission", "Committee", "county public officer", "Governor-elect", and "public officer" for this Act.

Section 2. Interpretation Section In this Act— "Commission" means the Independent Electoral and Boundaries Commission established under Article 88 of the Constitution; "Committee" means the Assumption of the Office of Governor Committee established under section 5 ; "county public officer" has the meaning assigned to it under the County Governments Act (Cap. 265); "Governor-elect" means the person elected as Governor under Article 180(1) of the Constitution and who has not assumed office; and "public officer" has the meaning assigned to it under Article 260 of the Constitution.
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PRELIMINARY - 3. Application
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Applies to the assumption of the Office of County Governor by a Governor-elect.

Section 3. Application Section to the assumption of the Office of County Governor by a Governor-elect; and
4
PRELIMINARY - 4. Guiding principles
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The Committee must be guided by the values and principles set out in Article 10 of the Constitution when performing functions and exercising powers under this Act.

Section 4. Guiding principles Section In the performance of the functions and exercise of powers under this Act, the Committee shall be guided by the values and principles set out in Article 10 of the Constitution.

Part II

ESTABLISHMENT OF ASSUMPTION OF THE OFFICE OF COUNTY GOVERNOR COMMITTEE

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ESTABLISHMENT OF ASSUMPTION OF THE OFFICE OF COUNTY GOVERNOR COMMITTEE - 5. Establishment of the Assumption of the Office of Governor Committee
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Establishes an Assumption of the Office of County Governor Committee in each county and lists its members and certain roles and procedures.

Section 5. Establishment of the Assumption of the Office of Governor Committee Section 5(1) There is established in each county, the Assumption of the Office of County Governor Committee. Section 5(2)(a) the County Secretary who shall be the Chairperson; Section 5(2)(b) the officer in charge of legal matters in the county; Section 5(2)(c) the chief officer in the department responsible for matters relating to county public service; Section 5(2)(d) the chief officer in the department responsible for matters relating to information and communication; Section 5(2)(e) the chief officer in the department responsible for matters relating to finance; Section 5(2)(f) the chief officer in the department responsible for matters relating to culture and social services; Section 5(2)(g) a representative of the Ministry responsible for matters related to devolution; Section 5(2)(h) the County Commissioner; Section 5(2)(i) a representative of the National Intelligence Service at the county level; Section 5(2)(j) a representative of the National Police Service at the county level; Section 5(2)(k) the Clerk of the county assembly; Section 5(2)(l) a representative of the Judiciary at the county level; and Section 5(2)(m) two persons, one man and one woman nominated by the Governor-elect. Section 5(3) The Chief Officer in the department responsible for matters relating to the county public service shall be the secretary to the Committee. Section 5(4) The members referred to in subsection 2(h) and (i) shall be the members serving as members of the County Policing Authority established under the National Police Service Act (Cap. 84) Section 5(5) The members referred to in subsection 2(1) shall be nominated upon the declaration of the final results of the election of the Governor. Section 5(6) The Chairperson of the Committee shall convene the first meeting of the Committee thirty days before the date of the general elections. Section 5(7) In the absence of the Chairperson, the members of the Committee shall elect a Chairperson from among the members appointed under subsections (2)(b) to (f) to preside over the meeting. Section 5(8) A vacancy in the membership of the Committee shall not affect the decisions of the Committee. Section 5(9) The quorum for the conduct of business of a meeting of the committee shall be one-third of all the members of the Committee. Section 5(10) The term of office of a Committee established under this section shall lapse upon the submission of the report of the Committee to the county assembly in accordance with section 18 .
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ESTABLISHMENT OF ASSUMPTION OF THE OFFICE OF COUNTY GOVERNOR COMMITTEE - 6. Functions and powers of the committee
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The Committee has all powers necessary to carry out its functions under this Act and any other written law.

Section 6. Functions and powers of the committee Section 6(1)(a) facilitate the handing over process by the outgoing Governor to the Governor-elect; Section 6(1)(b) ensure and coordinate the provision of security services to the Governor-elect; Section 6(1)(c) put in place the necessary facilities and deploy the necessary personnel for the Governor-elect upon assumption of office; Section 6(1)(d) an up to date assets register; Section 6(1)(d)(i) an up to date assets register; Section 6(1)(d)(ii) an up to date register of liabilities; Section 6(1)(d)(iii) a complete list of all bank accounts and reconciled balances; Section 6(1)(d)(iv) a report of staff establishment per department; Section 6(1)(d)(v) a comprehensive report on county entities or corporations and agencies containing information outlined in (i) to (iv); Section 6(1)(d)(vi) a report of all ongoing projects including donor funded projects; Section 6(1)(d)(vii) an up to date report on all pending legal cases; and Section 6(1)(d)(viii) county source of funding. Section 6(1)(e) facilitate communication between the outgoing Governor and the Governor-elect; Section 6(1)(f) prepare the programme and organise for the swearing-in ceremony; Section 6(1)(g) prepare the oath and the certificate of inauguration; and Section 6(1)(h) carry out any other activity necessary for the performance of its functions under this Act and perform any other function assigned to it under any other written law. Section 6(2) The Committee shall have all powers necessary for the execution of its functions under this Act and any other written law. Section 6(3) The information to be provided during the briefings referred to under section 6 (1)(d) shall be submitted in the form set out in the Second Schedule and shall be information for a period of up to thirty days before the date of the general elections.
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ESTABLISHMENT OF ASSUMPTION OF THE OFFICE OF COUNTY GOVERNOR COMMITTEE - 7. Sub-committees of the Committee
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The Committee may set up sub-committees and may co-opt into a sub-committee up to two external persons with necessary knowledge and skills.

Section 7. Sub-committees of the Committee Section 7(1) The Committee may establish such sub-committees as may be necessary for the better carrying out of its functions under this Act. Section 7(2) The Committee may co-opt into a sub-committee established under subsection (1), not more than two persons whose knowledge and skills are necessary for the effective functioning of the Committee.
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ESTABLISHMENT OF ASSUMPTION OF THE OFFICE OF COUNTY GOVERNOR COMMITTEE - 8. Procedure of the Committee
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The Committee shall determine its own procedure, except as otherwise provided in this Act.

Section 8. Procedure of the Committee Section Except as otherwise provided in this Act, the Committee shall determine its own procedure.

Part III

ARRANGEMENTS FOR ASSUMPTION OF OFFICE BY THE GOVERNOR-ELECT

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ARRANGEMENTS FOR ASSUMPTION OF OFFICE BY THE GOVERNOR-ELECT - 10. County public officers to provide required information
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The Committee must prepare, in consultation with the Governor-elect, for the Governor-elect's assumption of office; the county governor-elect may request information in writing from county public officers for that purpose; county public officers must provide requested information within a reasonable time; failure to comply is an offence punishable by a fine not exceeding three hundred thousand shillings or imprisonment for up to one year, or both.

Section 10. County public officers to provide required information Section 10(1) The Committee shall, in consultation with the Governor-elect, carry out such preparations as may be necessary for the purpose of the assumption of office by the Governor-elect. Section 10(2) The county governor-elect may for the purpose of subsection (1) request in writing, for such information from a county public officer as the county governor-elect may consider necessary. Section 10(3) A county public officer from whom information is requested under subsection (2) shall provide the information within a reasonable time. Section 10(4) A county public officer who fails to comply with the provisions of this section commits an offence and is liable, on conviction, to a fine not exceeding three hundred thousand shillings or to imprisonment for a term not exceeding one year, or to both.
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ARRANGEMENTS FOR ASSUMPTION OF OFFICE BY THE GOVERNOR-ELECT - 9. Provision of security to Governor-elect
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The Committee must ensure adequate security for the Governor-elect and Deputy Governor-elect after the Commission declares the final election results.

Section 9. Provision of security to Governor-elect Section Upon the declaration of the final results of the election of the Governor by the Commission under Article 180 of the Constitution and section 39 of the Elections Act (Cap. 7), the Committee shall ensure that the Governor-elect and Deputy Governor-elect are accorded adequate security.

Part IV

SWEARING-IN CEREMONY

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SWEARING-IN CEREMONY - 11. Swearing in ceremony
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The Committee must publish the date, time and place of the swearing-in ceremony; the County Governor-elect must be sworn in on the first Thursday after the tenth day following declaration of final results by the Commission.

Section 11. Swearing in ceremony Section 11(1) The Committee shall publish, by notice in the Kenya Gazette and the county Gazette , the date, time and place for the conduct of the swearing-in ceremony. Section 11(2) The County Governor-elect shall be sworn-in on the first Thursday after the tenth day following the declaration of the final results of the election of the County Governor by the Commission. Section 11(3) The swearing-in of the County Governor-elect shall be conducted in a public ceremony before a High Court Judge.
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SWEARING-IN CEREMONY - 12. Taking of oath and signing of certificate of inauguration
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The County Governor-elect must, during the swearing-in ceremony, make and subscribe to the oath or affirmation of office; the oath must be administered between 10:00 am and 2:00 pm; after subscribing, the County Governor must sign a certificate of inauguration in the presence of the High Court Judge who conducts the ceremony.

Section 12. Taking of oath and signing of certificate of inauguration Section 12(1) The County Governor-elect shall, during the swearing-in ceremony, make and subscribe to the oath or affirmation of office as prescribed in the First Schedule. Section 12(2) The oath or affirmation under subsection (1) shall be administered not earlier than 10:00 am and not later than 2:00 pm. Section 12(3) Upon making and subscribing to the oath or affirmation under subsection (1), the County Governor shall sign a certificate of inauguration in the presence of the High Court Judge who conducts the swearing in ceremony under section 15 .
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SWEARING-IN CEREMONY - 13. Handing over of instruments of power and authority
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Receiving the instruments of power causes the County Governor-elect to be considered to have assumed office; failure of the outgoing governor to hand over the instruments does not invalidate that assumption.

Section 13. Handing over of instruments of power and authority Section 13(1)(a) the county flag; Section 13(1)(b) the county coat of arms; Section 13(1)(c) the Constitution; and Section 13(1)(d) the county public seal. Section 13(2)(a) the outgoing governor is not present during the inauguration; or Section 13(2)(b) the incumbent is re-elected into office. Section 13(3) The County Governor-elect shall, upon receiving the instruments of power be considered to have assumed the office of county governor. Section 13(4) Failure by the outgoing County Governor to handover the instruments of power to the County Governor-elect shall not invalidate the assumption to the office of County Governor by the County Governor-elect.
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SWEARING-IN CEREMONY - 14. Swearing-in of the deputy governor-elect
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The deputy county governor-elect must make and subscribe to the oath or affirmation of office as prescribed in the First Schedule.

Section 14. Swearing-in of the deputy governor-elect Section The deputy county governor-elect shall make and subscribe to the oath or affirmation of office as prescribed in the First Schedule.
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SWEARING-IN CEREMONY - 15. Inauguration speech
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The County Governor must give an inauguration speech to the county upon the swearing-in of the deputy county governor-elect.

Section 15. Inauguration speech Section The County Governor shall, upon the swearing-in of the deputy county governor-elect, give an inauguration speech to the county.
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SWEARING-IN CEREMONY - 16. Swearing in of Deputy Governor who assumes office of County Governor
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If a county governor's election is nullified and the relevant speaker receives notification, the speaker of the county assembly must assume office as governor within seven days; an election is to be held pursuant to Article 182(5) of the Constitution.

Section 16. Swearing in of Deputy Governor who assumes office of County Governor Section 16(1)(a) to the swearing in ceremony of a Deputy Governor who assumes the office of the County Governor; Section 16(1)(b) to the swearing in ceremony of a Deputy Governor who is nominated to fill in a vacancy in the office of the Deputy Governor upon assumption by the Deputy Governor of the office of the County Governor; or Section 16(1)(c) to swearing of a speaker of a county assembly who assumes office under Article 182(5) of the Constitution. Section 16(2) Upon nullification of an election of a county governor and a receipt of the notification by a relevant speaker, the speaker of a county assembly shall assume office as a governor within seven days and an election shall be held pursuant to Article 182 (5) of the Constitution.

Part V

MISCELLANEOUS PROVISIONS

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MISCELLANEOUS PROVISIONS - 17. Security
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The head of the National Police Service in the county must ensure adequate security during the swearing-in ceremony.

Section 17. Security Section The head of the National Police Service in the county shall ensure the provision of adequate security during the conduct of the swearing-in ceremony.
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MISCELLANEOUS PROVISIONS - 18. Reports of the Committee
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The Committee must prepare a report on its affairs within one month of the County Governor-elect's swearing-in, submit it to the respective county assembly, include specified contents, and publish it in the Gazette and other manners it determines.

Section 18. Reports of the Committee Section 18(1) The Committee shall, within a period of one month from the date of the swearing-in of the County Governor-elect, cause to be prepared a report on the affairs of the Committee. Section 18(2) The Committee shall submit to the respective county assembly the report prepared under subsection (1). Section 18(3)(a) the financial statements of the Committee; Section 18(3)(b) a description of the activities of the Committee; Section 18(3)(c) such other statistical information as the Committee considers appropriate relating to its mandate; and Section 18(3)(d) any other information relating to its functions that the Committee considers necessary. Section 18(4) The Committee shall cause the report to be published in the Gazette and in such other manner as the Committee may determine.
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MISCELLANEOUS PROVISIONS - 19. Management of information and records
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The Committee must publish and publicize all important information within its mandate affecting the respective county.

Section 19. Management of information and records Section 19(1) The Committee shall publish and publicize all important information within its mandate affecting the respective county. Section 19(2)(a) shall be addressed to the Chairperson of the Committee or such other person as the Committee may for that purpose designate; Section 19(2)(b) may be subject to the payment of a reasonable fee in instances where the Committee incurs an expense in providing the information; and Section 19(2)(c) may be subject to confidentiality requirements of the Committee.
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MISCELLANEOUS PROVISIONS - 20. Limitation of rights and access to information
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Members and staff assigned to the Committee must sign a confidentiality agreement; access to information held by the Committee is limited in specified circumstances.

Section 20. Limitation of rights and access to information Section 20(1)(a) disclosure of such information would be prejudicial to the security arrangements in place for the assumption of office of county governor; Section 20(1)(b) the disclosure of such information is undesirable in the public interest; or Section 20(1)(c) the information requested is at a deliberative stage by the Committee. Section 20(2)(a) the applicant has failed to satisfy the confidentiality requirements to the Committee; or Section 20(2)(b) payment of the prescribed fee has not been made. Section 20(3) The right of access to information under Article 35 of the Constitution shall be limited with respect to information within the custody of the Committee in the manner and to the extent specified under this section. Section 20(4) Every member and staff assigned to the committee shall sign a confidentiality agreement.
21
MISCELLANEOUS PROVISIONS - 21. Funding
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The respective county government must bear the funding for the assumption of office of a governor committee.

Section 21. Funding Section The funding for the assumption of office of a governor committee shall be borne by the respective county government.
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MISCELLANEOUS PROVISIONS - 24. Regulations
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The county executive committee member responsible for the county public service may make regulations.

Section 24. Regulations Section The county executive committee member responsible for the county public service may make regulations for the better carrying into effect of the provisions of this Act.

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