- Section 17 of County Governments Act: Powers, privileges and immunities of a county assembly
The national law regulating the powers and privileges of Parliament shall, with the necessary modifications, apply to a county assembly.
- Section 18 of County Governments Act: Official languages of a county assembly
(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.
(2) No business of the county assembly or any of its committees or other organsmay be...
- Section 19 of County Governments Act: Quorum
The quorum of a county assembly is one third of all the members of the county assembly.
- Section 20 of County Governments Act: Voting in a county assembly
(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.
(2) On a question proposed for decision by a county...
- Section 21 of County Governments Act: Procedure for the exercise of legislative powers
(1) A county assembly shall exercise its legislative power through Bills passed by the county assembly and assented to by the governor.
(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).
(3) In...
- Section 22 of County Governments Act: Bill to have a title
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.
- Section 23 of County Governments Act: Publication of a Bill
A Bill shall be published by including the Bill as a supplement in the county Gazette and the Kenya Gazette.
- Section 24 of County Governments Act: Assenting to a Bill
(1) The Speaker shall, within fourteen days, forward a Bill passed by the county assembly to the governor.
(2) The governor shall within fourteen days after receipt of a Bill—
(a) assent to the Bill; or
(b) refer the bill back to the county assembly with a memorandum outlining reasons for the...
- Section 25 of County Governments Act: Coming into force of a law
(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.
(2) Subject to subsection (3), the county assembly legislation shall come intoforce on the fourteenth day after its publication...
- Section 26 of County Governments Act: Number and delimitation of electoral Wards, etc.
(1) There shall be not more than one thousand four hundred and fifty electoral Wards for purposes of the election of county assembly members.
(2) For purposes of the first general elections under the Constitution, the Independent Electoral and Boundaries Commission (in this Part referred to as the...
- Section 27 of County Governments Act: Recall of a county assembly member
(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).
(2) A member of a county assembly may be recalled where the member—
(a) is found, after due process of the law, to have...
- Section 28 of County Governments Act: Petition for recall
(1) A recall under section 27 shall be initiated by a petition which shall be file with the Independent Electoral and Boundaries Commission and which shall be—
(a) in writing;
(b) signed by a petitioner who—
(i) is a voter in the Ward in respect of which the recall is sought; and
(ii) was...
- Section 29 of County Governments Act: Recall elections
(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.
(2) A question referred to in subsection (1) shall be framed in such a manner as to require the answer...
- Section 30 of County Governments Act: Functions and responsibilities of a county governor
(1) The governor shall take and subscribe to the oath or affirmation as set out in the Schedule to this Act before assuming office.
(2) Subject to the Constitution, the governor shall—
(a) diligently execute the functions and exercise the authority provided for in the Constitution and...
- Section 31 of County Governments Act: Powers of the governor
The governor—
(a) may, despite section 40, dismiss a county executive committee member at any time, if the governor considers that it is appropriate or necessary to do so;
(b) shall dismiss a county executive committee member, if required to do so by a resolution of the county assembly as provided...
- Section 32 of County Governments Act: Functions of the deputy governor
(1) The deputy governor shall take and subscribe to the oath or affirmation asset out in the First Schedule to this Act before assuming office.
(2) The deputy governor shall deputize for the governor in the execution of thegovernor’s functions.
(3) The governor may assign the deputy governor any...
- Section 33 of County Governments Act: Removal of a governor
(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.
(2) If a motion under subsection (1) is supported by at least two-thirds of all the members of the...
- Section 34 of County Governments Act: Exercise of executive authority
The county executive committee shall exercise the executive authority—
(a) in accordance with the Constitution and relevant national and county legislation;
(b) for the well-being and benefit of the people;
(c) taking into account the objects and principles of devolution of government set out...
- Section 35 of County Governments Act: Appointment of county executive members
(1) The governor shall, when nominating members of the executive committee—
(a) ensure that to the fullest extent possible, the composition of the executive committee reflects the community and cultural diversity of the county; and
(b) take into account the principles of affirmative action as...
- Section 36 of County Governments Act: Functions of the executive committee
(1) In addition to the functions provided under Article 183 of the Constitution,a county executive committee shall—
(a) supervise the administration and delivery of services in the county and all decentralized units and agencies in the county;
(b) perform any other functions conferred on it by the...
- Section 37 of County Governments Act: Role of the executive committee in urban area or city planning
A county executive committee shall—
(a) monitor the process of planning, formulation and adoption of the integrated development plan by a city or municipality within the county;
(b) assist a city or municipality with the planning, formulation, adoption and review of its integrated development...
- Section 38 of County Governments Act: Oath of office for the executive committee
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.
- Section 39 of County Governments Act: Accountability of members of the executive committee
(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.
(2) A committee of the county assembly may require a member of the executivecommittee to—
(a) attend...
- Section 40 of County Governments Act: Removal of member of executive committee
(1) Subject to subsection (2), the Governor may remove a member of the county executive committee from office on any of the following grounds—
(a) incompetence;
(b) abuse of office;
(c) gross misconduct;
(d) failure, without reasonable excuse, or written authority of the governor, to attend...
- Section 41 of County Governments Act: Meetings of the county executive committee
(1) The deliberations of all meetings of the county executive committee shallbe recorded in writing.
(2) The quorum of a meeting of a county executive committee shall be more than one half of its membership.
(3) A resolution of the county executive committee shall be by a majority of the members...
- Section 42 of County Governments Act: County executive to remain in office after elections
(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.
(2) The constitution of a new executive committee after an election under subsection (1) shall be...
- Section 43 of County Governments Act: Representation of county government by Attorney-General in court
A county government may, pursuant to Article 156(4) of the Constitution request the Attorney-General to represent the county government in court or in any other legal proceedings to which the county government is a party other than in criminal proceedings.
- Section 44 of County Governments Act: Appointment of county secretary
(1) There is established for each county the office of the county secretary who shall be secretary to the county executive committee.
(2) The county secretary—
(a) shall be competitively sourced from amongst persons who are university graduates with at least ten years experience in administration...
- Section 45 of County Governments Act: Appointment of county chief officers
(1) The governor shall—
(a) nominate qualified and experienced county chief officers from among persons competitively sourced and recommended by the County Public Service Board; and
(b) with the approval of the county assembly, appoint county chief officers.
(2) The office of a county chief...
- Section 46 of County Governments Act: County executive committee to determine organisation of county
(1) The county executive committee shall determine the organization of the county and its various departments, and for that purpose may—
(a) establish, continue or vary any department, and determine the objects and purposes of the department;
(b) determine the number and nature of departments at...