- Section 104 of County Governments Act: Obligation to plan by the county
(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.
(2) The county planning framework shall integrate economic, physical, social,environmental and...
- Section 105 of County Governments Act: Planning in the county
(1) A county planning unit shall be responsible for—
(a) coordinating integrated development planning within the county;
(b) ensuring integrated planning within the county;
(c) ensuring linkages between county plans and the national planning framework;
(d) ensuring meaningful engagement of...
- Section 106 of County Governments Act: Integrating national and county planning
(1) Cooperation in planning shall be undertaken in the context of the law governing inter-governmental relations.
(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.
(3) County plans...
- Section 107 of County Governments Act: Types and purposes of county plans
(1) To guide, harmonize and facilitate development within each county there shall be the following plans—
(a) county integrated development plan;
(b) county sectoral plans;
(c) county spatial plan; and
(d) cities and urban areas plans as provided for under the Urban Areas and Cities Act (No. 13...
- Section 108 of County Governments Act: County integrated development plan
(1) There shall be a five year county integrated development plan for each county which shall have—
(a) clear goals and objectives;
(b) an implementation plan with clear outcomes; (c) provisions for monitoring and evaluation; and
(d) clear reporting mechanisms.
(2) Each county integrated...
- Section 109 of County Governments Act: County sectoral plans
(1) A County department shall develop a ten year county sectoral plan as component parts of the county integrated development plan.
(2) The County sectoral plans shall be—
(a) programme based;
(b) the basis for budgeting and performance management; and
(c) reviewed every five years by the county...
- Section 110 of County Governments Act: County spatial plans
(1) There shall be a ten year county GIS based database system spatial plan foreach county, which shall be a component part of the county integrated development plan providing—
(a) a spatial depiction of the social and economic development programme of the county as articulated in the integrated...
- Section 111 of County Governments Act: City or municipal plans
(1) For each city and municipality there shall be the following plans—
(a) city or municipal land use plans;
(b) city or municipal building and zoning plans; (c) city or urban area building and zoning plans;
(d) location of recreational areas and public facilities.
(2) A city or municipal plans...
- Section 112 of County Governments Act: Amending county integrated development plans
(1) A county executive committee may by a resolution, introduce a proposal to amend the county’s integrated development plan.
(2) A proposed amendment under subsection (1) to a county’s integrateddevelopment plan shall be considered and approved or rejected by the county assembly in accordance with...
- Section 113 of County Governments Act: Giving effect to the county integrated development plan
(1) A county’s integrated development plan shall—
(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
(b) be used to prepare action plans for the...
- Section 114 of County Governments Act: Planning for nationally significant projects in a county
(1) Development of nationally significant development projects within counties shall be preceded by mandatory public hearings in each of the affected counties.
(2) Projects under subsection (1) shall, subsequent to the mandatory public hearings, be considered and approved or rejected by the county...
- Section 115 of County Governments Act: Public participation in county planning
(1) Public participation in the county planning processes shall be mandatory and be facilitated through—
(a) mechanisms provided for in Part VIII of this Act; and
(b) provision to the public of clear and unambiguous information on any matter under consideration in the planning process,...
- Section 116 of County Governments Act: Principles of public services delivery in the county
(1) A county government and its agencies shall have an obligation to deliver services within its designated area of jurisdiction.
(2) A county shall deliver services while observing the principles of equity, efficiency, accessibility, non-discrimination, transparency, accountability, sharing of...
- Section 117 of County Governments Act: Standards and norms for public service delivery
(1) A county government and its agencies shall in delivering public services—
(a) give priority to the basic needs of the public;
(aa) Notwithstanding subsection (1), a county government or any agency delivering services in the county shall adopt and implement tariffs and pricing policy subject to...
- Section 118 of County Governments Act: Shared services
(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...
- Section 119 of County Governments Act: Citizen’s Service Centre
(1) A county executive committee shall establish a Citizens’ Service Centre at—
(a) the county;
(b) the sub-county;
(c) the Ward; and
(d) any other decentralized level.
(2) A Citizens’ Service Centre shall serve as the central office for the provision by the county executive committee in...
- Section 120 of County Governments Act: Tariffs and pricing of public services
(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.
(1A) Notwithstanding subsection (1), a county government or any agency delivering services in the county shall adopt and implement...
- Section 121 of County Governments Act: Support to county governments
(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.
(2) Without prejudice to the generality of subsection (1), the ministry or government department...
- Section 122 of County Governments Act: Grounds for suspension arising from conflict or war The
President may suspend a county government—
(a) in an emergency arising out of internal conflict or war; or (b) in any other exceptional circumstances.
- Section 123 of County Governments Act: Suspension of county government in exceptional circumstances
(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.
(2) A...
- Section 124 of County Governments Act: Prorogation of the county assembly
(1) During the period of suspension of a county government, the county assembly shall stand prorogued.
(2) During a period of suspension, the speaker and members of the county assembly shall remain in office and shall retain half their benefits.
(3) All Bills introduced before the county assembly...
- Section 125 of County Governments Act: Suspension of the county executive committee
(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.
(2) During a period of suspension, the governor, deputy governor and members of the executive...
- Section 126 of County Governments Act: Establishment of the Interim County Management Board
(1) An Interim County Management Board for a suspended county government shall be appointed by the President by notice in the Gazette.
(2) The Interim County Management Board shall comprise—
(a) a chairperson appointed by the President with the approval of the Senate;
(b) not less than three, or...
- Section 127 of County Governments Act: Functions of the Interim County Management Board
(1) The Interim County Management Board shall have all powers and functions vested in the county executive committee under the Constitution and under this Act for the performance of its functions and, in particular the power to—
(a) assist the county government in setting up a programme for...
- Section 128 of County Governments Act: Dissolution of the Interim County Management Board
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.
- Section 129 of County Governments Act: Termination of suspension
The suspension of a county government shall be terminated in the following ways—
(a) in the circumstances described in Article 192(4) and (5); or
(b) upon termination by the Senate by a resolution adopted in accordance with Articles 122 and 123 of the Constitution.
- Section 130 of County Governments Act: County elections after suspension
(1) Elections for a suspended county shall be held within ninety days after the suspension.
(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 (No. 24 of...
- Section 131 of County Governments Act: Financial provision
(1) The funds and financial management of county governments shall be as provided under the law relating to public finance.
(2) The procedure of budgeting, borrowing powers and grants management shall be as provided in the law relating to public finance.
- Section 132 of County Governments Act: Pension schemes
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.
- Section 133 of County Governments Act: Protection against personal liability
(1) No act, matter or thing done or omitted to be done by—
(a) any member of the county government or its administration board or committee;
(b) any member of the county assembly;
(c) any member of staff or other person in the service of the county government; or
(d) any person acting under the...