Provisions
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No civil or criminal proceedings may be instituted in any court or tribunal against a member of a county assembly by reason of any matter said in any debate, petition, motion or other proceedings of the county assembly.
The national law regulating the powers and privileges of Parliament shall, with the necessary modifications, apply to 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 conducte…
The quorum of a county assembly is one third of all the members of the 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 assembl…
(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 th…
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.
A Bill shall be published by including the Bill as a supplement in the county Gazette and the Kenya Gazette.
(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 referr…
(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 i…
(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 “…
(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 viola…
(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 registered…
(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 “y…
(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 legislation; (…
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 u…
(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 oth…
(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…
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 under…
(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 provid…
(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 C…
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 plan;…
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.
(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 o…
(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 three co…
(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 pre…
(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 fina…
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.
(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 an…
(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 officer…