Read individual provisions, follow the section sequence and explore related case citations.
Browse Acts ↓(1) A county governor may be removed from office on any of the following grounds— (a) gross violation of this Constitution or any other law; (b) where there are serious reasons for believing that the county governor has committed a crime under national or international law; (c) abuse of office or gr…
(1) The office of the county governor shall become vacant if the holder of the office— (a) dies; (b) resigns, in writing, addressed to the speaker of the county assembly; (c) ceases to be eligible to be elected county governor under Article 180(2); (d) is convicted of an offence punishable by impris…
(1) A county executive committee shall— (a) implement county legislation; (b) implement, within the county, national legislation to the extent that the legislation so requires; (c) manage and coordinate the functions of the county administration and its departments; and (d) perform any other functio…
(1) National legislation shall provide for the governance and management of urban areas and cities and shall, in particular— (a) establish criteria for classifying areas as urban areas and cities; (b) establish the principles of governance and management of urban areas and cities; and (c) provide fo…
(1) The legislative authority of a county is vested in, and exercised by, its county assembly. (2) A county assembly may make any laws that are necessary for, or incidental to,the effective performance of the functions and exercise of the powers of the county government under the Fourth Schedule. (3…
1) Except as otherwise provided by this Constitution, the functions and powers of the national government and the county governments, respectively, are as set out in the Fourth Schedule. (2) A function or power that is conferred on more than one level of governmentis a function or power within the c…
(1) A function or power of government at one level may be transferred to a government at the other level by agreement between the governments if— (a) the function or power would be more effectively performed or exercised by the receiving government; and (b) the transfer of the function or power is n…
(1) The boundaries of a county may be altered only by a resolution— (a) recommended by an independent commission set up for that purpose by Parliament; and (b) passed by— (i) the National Assembly, with the support of at least two-thirds of all of the members of the Assembly; and (ii) the Senate, wi…
1) Government at either level shall— (a) perform its functions, and exercise its powers, in a manner that respects the functional and institutional integrity of government at the other level, and respects the constitutional status and institutions of government at the other level and, in the case of…
(1) Parliament shall by legislation ensure that county governments have adequate support to enable them to perform their functions. (2) County governments shall operate financial management systems that comply with any requirements prescribed by national legislation. (3) Parliament shall, by legisla…
(1) This Article applies to conflicts between national and county legislation in respect of matters falling within the concurrent jurisdiction of both levels of government. (2) National legislation prevails over county legislation if— (a) the national legislation applies uniformly throughout Kenya a…
(1) 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. (2) A county government shall not be suspended under clause (1)(b) unless anindependent commission of inquiry has investigated allegations ag…
(1) Unless disqualified under clause (2), a person is eligible for election as a member of a county assembly if the person— (a) is registered as a voter; (b) satisfies any educational, moral and ethical requirements prescribed by this Constitution or an Act of Parliament; and (c) is either— (i) nomi…
(1) The office of a member of a county assembly becomes vacant— (a) if the member dies; (b) if the member is absent from eight sittings of the assembly without permission, in writing, of the speaker of the assembly, and is unable to offer satisfactory explanation for the absence; (c) if the member i…
(1) A county assembly or any of its committees has power to summon any person to appear before it for the purpose of giving evidence or providing information. (2) For the purposes of clause (1), an assembly has the same powers as the High Court to— (a) enforce the attendance of witnesses and examini…
(1) A county assembly shall— (a) conduct its business in an open manner, and hold its sittings and those of its committees, in public; and (b) facilitate public participation and involvement in the legislative and other business of the assembly and its committees. (2) A county assembly may not exclu…
(1) Not more than two-thirds of the members of any county assembly or county executive committee shall be of the same gender. (2) Parliament shall enact legislation to— (a) ensure that the community and cultural diversity of a county is reflected in its county assembly and county executive committee…
While an election is being held to constitute a county assembly under this Chapter, the executive committee of the county, as last constituted remains competent to perform administrative functions until a new executive committee is constituted after the election.
(1) County legislation does not take effect unless published in the Gazette. (2) National and county legislation may prescribe additional requirements in respect of the publication of county legislation.
(1) Parliament shall enact legislation providing for all matters necessary or convenient to give effect to this Chapter. (2) In particular, provision may be made with respect to— (a) the governance of the capital city, other cities and urban areas; (b) the transfer of functions and powers by one lev…
201. The following principles shall guide all aspects of public finance in theRepublic— (a) there shall be openness and accountability, including public participation in financial matters; (b) the public finance system shall promote an equitable society, and in particular— (i) the burden of taxation…
(1) Revenue raised nationally shall be shared equitably among the nationaland county governments. (2) County governments may be given additional allocations from the national government’s share of the revenue, either conditionally or unconditionally.
(1) The following criteria shall be taken into account in determining the equitable shares provided for under Article 202 and in all national legislation concerning county government enacted in terms of this Chapter— (a) the national interest; (b) any provision that must be made in respect of the pu…
. (1) There is established an Equalisation Fund into which shall be paid one half per cent of all the revenue collected by the national government each year calculated on the basis of the most recent audited accounts of revenue received, as approved by the National Assembly. (2) The national governm…
(1) When a Bill that includes provisions dealing with the sharing of revenue, or any financial matter concerning county governments is published, the Commission on Revenue Allocation shall consider those provisions and may make recommendations to the National Assembly and the Senate. (2) Any recomme…
(1) There is established the Consolidated Fund into which shall be paid all money raised or received by or on behalf of the national government, except money that— (a) is reasonably excluded from the Fund by an Act of Parliament and payable into another public fund established for a specific purpose…
(1) There shall be established a Revenue Fund for each county government, into which shall be paid all money raised or received by or on behalf of the county government, except money reasonably excluded by an Act of Parliament. (2) Money may be withdrawn from the Revenue Fund of a county governmento…
(1) There is established a Contingencies Fund, the operation of which shall be in accordance with an Act of Parliament. (2) An Act of Parliament shall provide for advances from the Contingencies Fund if the Cabinet Secretary responsible for finance is satisfied that there is an urgent and unforeseen…
(1) Only the national government may impose— (a) income tax; (b) value-added tax; (c) customs duties and other duties on import and export goods; and (d) excise tax. (2) An Act of Parliament may authorise the national government to impose anyother tax or duty, except a tax specified in clause (3)(a)…
(1) No tax or licensing fee may be imposed, waived or varied except as provided by legislation. (2) If legislation permits the waiver of any tax or licensing fee— (a) a public record of each waiver shall be maintained together with the reason for the waiver; and (b) each waiver, and the reason for i…