The County Government Act 2012 PDF

The County Governments Act, 2012
THE COUNTY GOVERNMENTS ACT, 2012

ARRANGEMENT OF SECTIONS
Section
PART I PRELIMINARY
1Short title and commencement.
2Interpretation.
3Object and purpose of the Act.
4County symbols.
PART II COUNTY GOVERNMENTS
5Functions of county governments.
6Powers of county governments.
PART III COUNTY ASSEMBLY
7Membership of the county assembly.
8Role of the county assembly.
9Role of members of the county assembly.
10County assembly party leaders.
11Removal of speaker from office.
12The county assembly service board.
13Clerk and staff of the county assembly.
14Procedure and committees of the county assembly.
15 Right to petition county assembly.
16Freedom of speech and debate.
17Powers, privileges and immunities of a county assembly.
18Official languages of a county assembly.
19Quorum.
20Voting in a county assembly.

21Procedure for the exercise of legislative powers.
22Bill to have a title.
23Publication of a Bill.
24Assenting to a Bill.
25Coming into force of a law.
PART IVELECTORAL WARDS
26Number and delimitation of electoral Wards etc.
27 Recall of a county assembly member.
28 Petition for recall.
29 Recall elections.
PART V COUNTY EXECUTIVE
30 Functions and responsibilities of a governor.
31 Powers of a governor.
32Functions of the deputy governor.
33 Removal of a governor.
34 Exercise of executive authority.
35 Appointment of county executive members.
36 Functions of the executive committee.
37 Role of executive committee in urban area or city planning.
38 Oath of office for the executive committee.
39 Accountability of members of the executive committee.
40Removal of member of executive committee.
41Meetings of the county executive committee.
42County executive to remain in office after elections.
43 Representation of county government by Attorney General in Court.

44Appointment of county secretary.
45Appointment of county chief officers.
46County executive committee to determine organisation of county.
47Performance management plan.
PART VI DECENTRALIZED UNITS
48Decentralized units.
49Urban areas and cities structures.
50Office of the sub-county administrator.
51Establishment of the office of Ward administrator.
52Establishment of the office of village administrator.
53Village council.
54Structures of decentralization.
PART VII COUNTY PUBLIC SERVICE
55Objectives.
56 County to have county public service.
57Establishment of a County Public Service Board.
58Composition of a County Public Service Board.
59Functions and powers of a County Public Service Board.
60 Criteria for establishment of public offices etc.
61 Criteria for abolition of public offices.
62 Powers of the County Public Service Board to establish or abolish office.
63Powers of the County Public Service Board to make appointments.
64No unqualified person may be appointed in acting capacity.
65Matters to take into account during appointments, etc.

66Advertisements of positions to be widely publicised.
67Appointments to be in writing.
68Board to maintain records of applicants.
69Re-designation of officers.
70Provisions on appointments to apply to promotions.
71Confirmation of appointment on lapse of period.
72Power to deploy public officers.
73Secondments.
74County Public Service Board to regulate appointment of persons on
contract.
75Action on irregularity of process.
76Prohibition of punishment contrary to the Constitution.
77Appeals to the Public Service Commission.
78Resignation, retirement, etc.
79Grounds for retirement.
80Prescription of retirement on age.
81Retirement on ground of ill health.
82Retirement on ground of abolition of office.
83Retirement on ground of public interest.
84Retirement pursuant to agreement or special retirement scheme.
85Entitlement to apply for review.
86Delegation by County Public Service Board.
PART VIII CITIZEN PARTICIPATION
87Principles of citizen participation in counties.
88Citizens right to petition and challenge.

89Duty to respond to citizens petitions or challenges.
90Matters subject to local referenda.
91Establishment of modalities and platforms for citizen participation.
92Part to apply to decentralized units.
PART IXPUBLIC COMMUNICATION AND ACCESS TO
INFORMATION
93Principles of public communication.
94Objectives of county Communication
95 County communication framework
96Access to information
97Inclusion and integration of minorities and marginalized groups.
PART X CIVIC EDUCATION
98Principles of civic education.
99Purpose and objectives of civic education.
100Design and implementation of civic education.
101Institutional framework for civic education.
PART XI COUNTY PLANNING
102Principles of planning and development facilitation.
103Objectives of county planning.
104Obligation to plan by the county.
105Planning in the county.
106Integrating national and county planning.
107Types and purposes of county plans.

108County integrated development plan.
109County sectoral plans.
110County spatial plans.
111City or municipal plans.
112 Amending county integrated development plans.
113Giving effect to the county integrated development plan.
114Planning for nationally significant projects in a county.
115Public participation in county planning.
PART XII DELIVERY OF COUNTY PUBLIC SERVICES
116 Principles of public services delivery in the county.
117Standards and norms for public service delivery.
118Shared services.
119Citizens Service Centre.
120Tariffs and pricing of public services.
121 Support to county governments.
PART XIIIPROCEDURE FOR SUSPENSION OF COUNTY
GOVERNMENT
122Grounds for suspension arising from conflict or war.
123Suspension of county government in exceptional circumstances.
124Prorogation of the county assembly.
125Suspension of the county executive committee.
126Establishment of the Interim County Management Board.
127Functions of the Interim County Management Board.
128Dissolution of the Interim County Management Board.

129Termination of suspension.
130County elections after suspension.
PART XIVMISCELLANEOUS
131Financial provision.
132 Pension schemes.
133Protection against personal liability.
134Repeal of Cap.265.
135Regulations.
PART XV TRANSITIONAL PROVISIONS
136First sitting of the county assembly.
137Facilitation of civic education.
138Arrangements for public servants.
FIRST SCHEDULE - OATHS OF OFFICE

SECOND SCHEDULE MATTERS TO BE PROVIDED FOR IN THE
COUNTY ASSEMBLY STANDING ORDERS
THE COUNTY GOVERNMENTS ACT, 2012
AN ACT of Parliament to give effect to Chapter Eleven of the

Constitution; to provide for county governments
powers, functions and responsibilities to deliver
services and for connected purposes
ENACTED by the Parliament of Kenya, as follows
PART I PRELIMINARY
Short title and
commencement.
Interpretation.
1.
This Act may be cited as the County
Governments Act, 2012 and shall come into operation upon
the final announcement of the results of the first elections
under the Constitution.
2. In this Act, unless the context otherwise requires
analysis of functions means processes of, and
mechanisms for reviewing and reassigning powers and
competencies between the national government and county
governments in accordance with the provisions of the
Constitution generally and in particular, the provisions of the
Fourth Schedule thereto;
apex body means the body established under the law
governing inter-governmental relations;
appointment includes an acting
reappointment, promotion and re-designation;
appointment,
authorized officer includes

(a)
the holder of the office of county chief officer in

a county department; or
(b)
in case of a department that is not assigned or
under direct administration of a county chief

officer, the head of that department; and
(c)
any other public officer appointed by the County

Public Service Board to be an authorized officer
with respect to a specified public body including
a city or urban area;
Cabinet Secretary means the Cabinet Secretary

responsible for matters relating to inter-governmental
relations;
code of conduct means any written standard issued by
a lawful authority to guide the conduct of any county public
officer or category of county public officers;
competencies means powers given to a public
authority in respect of a specific activity which is key to
ensuring the provision of a public service and includes
powers of planning, regulating, setting standards,
constructing, financing, managing, monitoring and evaluating,
sanctioning or intervening in any way to ensure that a
function is discharged;
conditions of service include any criterion or
circumstance or factor for a persons
(a)
appointment, secondment, deployment, promotion

or discipline with respect to a public office;
(b)
retention in employment as a public officer; or
(c)
remunerative, retirement and other benefits;
Constitution means the Constitution of Kenya, 2010;

county assembly means a county assembly established
under Article 176 of the Constitution;
county assembly member means a member elected or

nominated in accordance with Article 177 (1) of the
Constitution;
county chief officer means a county chief officer
appointed under section 45;
county executive committee means a county
executive committee established in accordance with Article
176 of the Constitution;
county Gazette means a gazette published by the
authority of the county government or a supplement of such
gazette;
county government means the county government
provided for under Article 176 of the Constitution;
county government election means an election of
governor and county assembly members;
county public office means an office in the county
public service or an office in a public body but does not
include any office specifically exempted by the Constitution
from the powers of the county government;
county public officer means any person appointed by
the county government and holding or acting in any county
public office whether paid, unpaid, or on contractual or
permanent terms but does not include a person engaged on a
part-time basis in a county public body paid at an hourly or
daily rate;
county public service means the collectivity of all
individuals performing functions within any department of
the county government or its agency, but does not include the
governor, deputy governor, members of the county executive
committee and the members of the county assembly;
10
deputy governor means a person nominated by the

governor in accordance with Article 180 of the Constitution;
disciplinary control means the imposition of any
punishment against a public officer on account of breach of a
code of conduct;
GIS based database system means a geographical
information management system that integrates hardware,
software and data for capturing, managing, analyzing and
displaying forms of geographically referenced information;
governor means a county governor elected in
accordance with Article 180 of the Constitution;
input indicator means an indicator that measures the
costs, resources or time used to produce an output;
marginalised group has the meaning assigned to it by
Article 260 of the Constitution;
merit, when used with reference to a person who is a
candidate for appointment, promotion or re-designation to a
county public office, means
(a)
the abilities, qualifications and personal qualities

required to satisfy any prescribed criteria for
appointments in the county public service, or to
carry out the duties of the county public office;
and
(b)
the persons potential for development;
outcome indicator means an indicator that measures

the quality or impact of an output in achieving a particular
objective;
output indicator means an indicator that measures the
results of activities, processes and strategies of programmes
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or projects of a county government;

promotion means the conferment upon a person in the
county public service of an office to which is attached a
higher salary or salary scale than that attached to the previous
office substantively held by that person;
public officer has the meaning assigned to it in Article
qualification means any prescribed factor of eligibility
or ineligibility attached to holding or acting in a county public
office;
re-designation means the conferment upon a person, of
a county public office at a grade equal to or substantially
equal to the one previously held by that person and whose
major consequence is to change from one cadre to the other to
facilitate that persons horizontal mobility characterized with
change in career path;
retirement means the removal of an officer from the
public service with full separation benefits including pension
benefits, gratuity or such other terminal benefits as may be
provided for in the applicable law or the contract of service or
a special retirement scheme agreed upon between the public
officer and the relevant lawful authority;
Salaries and Remuneration Commission means the
Salaries and Remuneration Commission established under
Article 230 (1) of the Constitution;
secondment means a temporary leave from discharging
the duties of a county public office with a view of the
concerned county public officer being employed outside the
county public service or in another public body;
shared services means
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(a)
the centralisation at a county or other level of

those administrative functions of a county that
could be performed by different units including
matters such as supply chain management,
human resource management, information
technology, purchasing, inventory, payroll,
hiring, and information technology; or
(b)
partnerships between counties, a county or

counties and national government and public
private partnerships to deliver a specified set of
public services;
speaker means the speaker of a county assembly elected

the public, when used in relation to public participation
in this Act, means
No.13 of 2011.
(a)
the residents of a particular county;
(b)
the rate payers of a particular city or municipality;
(c)
any resident civic organisation or nongovernmental, private sector or labour

organisation with an interest in the governance of
a particular county, city or municipality;
(d)
non-resident persons who because of their

temporary presence in a particular county, city or
municipality make use of services or facilities
provided by the county, city or municipality;
urban area means an area designated as such under

the Urban Areas and Cities Act as contemplated in Article
Ward means an electoral unit within a constituency
delimited in accordance with Article 89 of the Constitution
13
and any other relevant law; and

Ward representative means a county assembly
member representing a particular Ward.
Object and purpose
of the Act.
3.
The object and purpose of this Act is to
(a)
provide for matters necessary or convenient to

give effect to Chapter Eleven of the Constitution
pursuant to Article 200 of the Constitution;
(b)
give effect to the objects and principles of

devolution as set out in Articles 174 and 175 of
the Constitution;
(c)
give effect to Article 176 (2) of the Constitution

in respect of further decentralisation;
(d)
provide for the removal from office of the

speaker of the county assembly in accordance
with Article 178 of the Constitution;
(e)
provide
for the powers, privileges and
immunities of county assemblies, their
committees and members under Article 196 of
the Constitution;
(f)
provide for public participation in the conduct of

the activities of the county assembly as required
(g)
seek to ensure that the community and cultural

diversity of a county is reflected in its county
assembly and county executive committee as
contemplated in Article 197 of the Constitution;
(h)
prescribe mechanisms to protect minorities

within counties pursuant to Article 197 of the
Constitution;
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(i)
prescribe additional requirements in respect of

the publication of county legislation as
contemplated in Article 199 of the Constitution;
(j)
provide, pursuant
Constitution, for
(k)
to
Article
200
of
the
(i)
the manner of nomination or appointment

of persons to, and their removal from,
offices in county governments, including
the qualifications of voters and candidates;
(ii)
the procedure of assemblies and executive

committees including the chairing and
frequency of meetings, quorums and
voting; and
(iii)
the suspension of
executive committees;
assemblies
and
prescribe, pursuant to Article 235 of the

Constitution, uniform norms and standards, for
(i) establishing and abolishing offices in the
county public service;
(ii)
appointing persons to hold or act in those

offices, and confirming appointments; and
(iii) exercising disciplinary control over and

removing persons holding or acting in
those offices; and
(l)
provide for the promotion, evaluation and

reporting on the compliance by county public
officers with the values and principles in Articles
10 and 232 of the Constitution.
15

County symbols.
4. (1) Every county shall enact legislation prescribing

the following county symbols
(a) the county flag;
(b) county coat of arms; and
(c) the county public seal.
(2) The County Executive shall develop the symbols of
the county through a consultative process for approval by the
county assembly by legislation.
Cap. 99
(3) The county legislation enacted under subsection (1)

shall provide for the use of the county symbols in the same
manner as provided for in the National Flag, Emblems and
Names Act.
(4) A county symbol shall not be the same as, or bear a
likeness or similarity to a national symbol.
PART II COUNTY GOVERNMENTS
Functions of
county
governments.
5. (1) A county government shall be responsible for any

function assigned to it under the Constitution or by an Act of
Parliament.
(2) Without prejudice to the generality of subsection (1),
a county government shall be responsible for
(a)
county legislation in accordance with Article

(b)
exercising executive functions in accordance

with Article 183 of the Constitution;
(c)
functions provided for in Article 186 and

assigned in the Fourth Schedule of the
16
Constitution;
(d)
any other function that may be transferred to

county governments from the national
government under Article 187 of the
Constitution;
(e)
any functions agreed upon with other county

governments under Article 189 (2) of the
Constitution; and
(f)
establishment and staffing of its public service as

contemplated under Article 235 of the
Constitution.
(3) A county government may seek assistance from the

Kenya Law Reform Commission in the development or
reform of county legislation under subsection 2(a).
Powers of county
governments.
6. (1) As an entity exercising constitutional authority, a

county government shall be a body corporate with perpetual
succession and shall have all the powers necessary for the
discharge of its functions.
(2)Without prejudice to the generality of subsection (1),
a county government may
(a)
enter into a contract;
(b)
acquire, purchase, or lease any land; or
(c)
delegate any of its functions to its officers,

decentralised units or other entities within the
county.
(3) A county government may enter into partnerships

with any public or private organization in accordance with the
provisions of any law relating to public or private partnerships
for any work, service or function for which it is responsible
17
within its area of jurisdiction.

(4) All contracts lawfully entered into under this section
shall be valid and binding on the county government, its
successors and assigns.
(5) To ensure efficiency in the delivery of service or
carrying out of a function for which the county government is
responsible, the county government may
(a)
establish a company, firm or other body for the

delivery of a particular service or carrying on of
a particular function; or
(b)
contract any person, company, firm or other body

for the delivery of a particular service or carrying
on a particular function.
(6) In exercising its powers or performing any of its

functions a county government shall ensure efficiency,
effectiveness, inclusivity and participation of the people.
PART III COUNTY ASSEMBLY
Membership of the
county assembly.
7. (1) In addition to the members who are elected under

Article 177 (a), or nominated under Article 177 (b) of the
Constitution, a county assembly shall comprise
(a)
six nominated members as contemplated in

Article 177 (c) of the Constitution; and
(b)
the speaker, who is an ex officio member elected

in accordance with Article 178 of the
Constitution.
(2) The political party nominating persons under

subsection (1) shall ensure that
(a)
community and cultural diversity of the county is
18
reflected in the county assembly; and

(b)
there is adequate representation to protect

minorities within the county in accordance with
Article 197 of the Constitution.
(3) The number of members nominated under subsection

1(a) shall be reviewed to accord with the number of Wards
determined by the Independent Electoral and Boundaries
Commission under section 27(3)(a).
Role of the county
assembly.
8. (1)The county assembly shall

(a)
vet and approve nominees for appointment to

county public offices as may be provided for in
this Act or any other law;
(b)
perform the roles set out under Article 185 of the

Constitution;
(c)
approve the budget and expenditure of the county

government in accordance with Article 207 of the
Constitution, and the legislation contemplated in
Article 220 (2) of the Constitution, guided by
Articles 201 and 203 of the Constitution;
(d)
approve the borrowing by the county government

in accordance with Article 212 of the
Constitution;
(e) approve county development planning; and

(f) perform any other role as may be set out under the
Constitution or legislation.
(2) If a county assembly fails to enact any particular
legislation required to give further effect to any provision of
this Act, a corresponding national legislation, if any, shall
with necessary modifications apply to the matter in question
19
until the county assembly enacts the required legislation.

Role of members
of the county
assembly.
9.
(1) A member of a county assembly shall
(a)
maintain close contact with the electorate and

consult them on issues before or under discussion
in the county assembly;
(b)
present views, opinions and proposals of the

electorate to the county assembly;
(c)
attend sessions of the county assembly and its

committees;
(d)
provide a linkage between the county assembly

and the electorate on public service delivery; and
(e)
extend professional knowledge, experience or

specialised knowledge to any issue for discussion
in the county assembly.
(2) A member of the county assembly shall not be

directly or indirectly involved in the
(a)
executive functions of the county government and

its administration; or
(b)
delivery of services as if the member were an

officer or employee of the county government.
(3) Members of a county assembly shall be sworn in by

the county assembly clerk within fourteen days, after the
announcement of the final results of an election, in the
manner set out in the Schedule to this Act.
(4) At any time in the absence of the speaker of the
county assembly or in matters that directly affect the speaker,
the county assembly shall elect a member to act as speaker as
contemplated under Article 178 (2) (b) of the Constitution.
20
(5) Unless otherwise removed, the first member elected

under subsection (4), shall, in the absence of the Speaker,
preside over the sittings of the assembly for the term of the
county assembly.
County assembly
party leaders.
10. (1) There shall be in each county assembly a leader of

the majority party and a leader of the minority party.
(2) The leader of the majority party shall be the person
who is the leader of the largest party or coalition of parties in
the county assembly.
(3) The leader of the minority party shall be the person
who is the leader of the second largest party or coalition of
parties in the county assembly.
(4) A county assembly shall observe the following order
of precedence
(a) the speaker of the county assembly;
(b) the leader of the majority party; and
(c)
Removal of
Speaker from
office.
the leader of the minority party.
11. (1) A speaker of a county assembly may be removed

from office by the county assembly through a resolution
supported by not less than seventy five percent of all the
members of the county assembly.
(2) A notice of the intention to move a motion for a
resolution to remove the speaker shall be given in writing to
the clerk of the county assembly, signed by at least one third
of all the members of the county assembly stating the grounds
for removal.
(3) A motion for a resolution to remove the speaker
shall be presided over by a member of the county assembly
21
elected under section 9 (4).

(4) Before the debate and voting on a motion under
subsection (3), the speaker shall be accorded an opportunity
to respond to the allegations on the floor of the county
assembly.
The
assembly
board.
county
service
12.(1) There shall be a county assembly service board

for each county assembly.
(2) The county assembly service board shall be a body
corporate with perpetual succession and a common seal.
(3) The county assembly service board shall consist of(a) the Speaker of the county assembly as the
chairperson;
(b) the leader of the majority party or a member of the
county assembly deputed by him or her, as the vicechairperson;
(c) the leader of the minority party or a member of the
county assembly deputed by him or her; and
(d) one person resident in the county, appointed by the
county assembly from among persons who have
knowledge and experience in public affairs, but
who is not a member of the county assembly.
(4) The county assembly clerk shall be the secretary to
the county assembly service board.
(5) A member of the county assembly service board
shall vacate office
(a) if the person is a member of the county assembly (i) at the end of the term of the county assembly;
22
or
(ii) if the person ceases to be a member of the
county assembly; or
(b) if the person is an appointed member, on revocation
of the persons appointment by the county assembly;
or
(c) if the person is the Speaker, leader of majority party
or leader of minority party when the person ceases to
be such Speaker, leader of majority party or leader
of minority party.
(6) Despite subsection (5), when the term of the county
assembly ends, a member of the county assembly service
board under subsection (3)(d) shall continue in office until a
new member has assumed office in the members place in the
next assembly.
(7) The county assembly service board is responsible
for
(a) providing services and facilities to ensure the
efficient and effective functioning of the county
assembly;
(b) constituting offices in the county assembly service,
and appointing and supervising office holders;
(c) preparing annual estimates of expenditure of the
county assembly service and submitting them to the
county assembly for approval, and exercising
budetary control over the service;
(d) undertaking, singly or jointly with other relevant
organisations, programmes to promote the ideals of
parliamentary democracy; and
23
(e) performing other functions (i) necessary for the well-being of the members
and staff of the county assembly; or
(ii) prescribed by national legislation.
Clerk and staff of
the county
assembly.
13. (1) There shall be a clerk of the county assembly,

appointed by the county assembly service board with the
approval of the county assembly.
(2) A person shall not be qualified for appointment as a
clerk of the county assembly unless such person(a) is a citizen of Kenya;
(b) holds a degree from a university recognised in
Kenya or its equivalent;
(c) has had at least five years relevant professional
experience;
(d) meets the requirements of leadership and integrity
set out in Chapter Six of the Constitution.
(3) The functions and powers of a Clerk of Parliament
shall with necessary modifications be the functions and
powers of the clerk of a county assembly.
(4) For the purposes of this Act, the clerk of a county
assembly is an authorized officer.
(5) The office of the clerk of the county assembly and
the offices of members of the staff of the clerk of the county
assembly shall be offices in the county assembly service.
(6) The remuneration of the clerk and staff of the county
assembly shall be determined by the county assembly service
board upon the advice of the Salaries and Remuneration
24
Commission.
Procedure and
committees of the
county assembly.
14. (1) A county assembly

(a)
may make standing orders consistent with the

Constitution and this Act regulating the procedure
of the county assembly including, in particular,
orders for the proper conduct of proceedings; and
(b)
subject to standing orders made under paragraph

(a), may establish committees in such manner and
for such general or special purposes as it
considers fit, and regulate the procedure of any
committee so established.
(2) The county assembly proceedings are valid despite

(a) there being a vacancy in its membership at the
particular time; or
(b) the presence or participation at the particular time of
a person not entitled to be present at, or to
participate in, the proceedings of the county
assembly.
(3) In considering any appointment for which approval
of the county assembly is required under the Constitution, an
Act of Parliament or county legislation
(a) the appointment shall be considered first by a
committee of the county assembly;
(b)
the committees recommendation shall be tabled

before the county assembly for approval; and
(c)
the proceedings of the committee and the county

assembly shall be open to the public.
(4) The county assembly shall in establishing committees
25
under this section ensure that each member of the county

assembly is appointed to at least one committee.
(5) A county assembly may jointly with another county
assembly, establish committees consisting of members of
both county assemblies.
(6) If a county assembly establishes a joint committee
with another county assembly, the election of members and
regulation of the conduct of the business of the joint
committee shall be as agreed between the two county
assemblies.
(7) Until a county assembly makes its standing orders
under subsection (1), the standing orders of the National
Assembly shall, with the necessary modifications, apply to
that county assembly.
(8) Without limiting the generality of subsection (1), the
Standing Orders made under this section shall provide for the
matters specified in the Second Schedule.
Right to petition
county assembly.
Freedom of speech
and debate.
15. (1) A person has a right to petition a county assembly

to consider any matter within its authority, including enacting,
amending or repealing any of its legislation.
(2) Each county assembly shall prescribe a procedure
for exercising the right under subsection (1).
16. 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.
Powers, privileges
and immunities of
a county assembly.
17. The national law regulating the powers and

privileges of Parliament shall, with the necessary
modifications, apply to a county assembly.
Official languages
of a county
assembly.
18.(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
26
English, Kiswahili and Kenyan sign language.

(2) No business of the county assembly or any of its
committees or other organs may be conducted or transacted in
a language other than the official languages.
(3) In case of a conflict between different language
versions of a county legislation, the version in which the
legislation was originally enacted prevails.
(4) The verbatim report of the proceedings of a county
assembly shall be recorded in the official language in which it
was presented.
Quorum.
19. The quorum of a county assembly is one third of all

the members of the county assembly.
Voting in a county
assembly.
20. (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
assembly
(a) the speaker of the county assembly has no vote; and
(b) in the case of a tie, the question is lost.
(3) A member of a county assembly shall
(a)
at all times observe the principles of intergrity

including those set out in Chapter Six of the
Constitution; and
(b)
promptly declare to the speaker any interest that

the member has in any matter being discussed in
the county assembly.
27
(4) A member of a county assembly shall not vote on

any question in which the member has a pecuniary interest.
Procedure for the

exercise of
legislative powers.
21. (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 the case of a money Bill, the county assembly
may proceed only in accordance with the recommendation of
the relevant committee of the county assembly after taking
into account the views of the county executive committee
member responsible for finance.
(4) For the purposes of this Act, money Bill means a
Bill that contains provisions dealing with
Bill to have a title.
(a)
taxes;
(b)
the imposition of charges on a public fund or the

variation or repeal of any of those charges;
(c)
the appropriation, receipt, custody, investment or

issue of public money;
(d)
the raising or guaranteeing of any loan or its

repayment; or
(e)
matters incidental to any of those matters.
22. 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.
28

Publication of a
Bill.
23. A Bill shall be published by including the Bill as a

supplement in the county Gazette and the Kenya Gazette.
Assenting to a Bill.
24. (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 referral.
(3) If the governor refers a Bill back to the county

assembly, the county assembly may, following the
appropriate procedures under this section
(a)
amend the Bill taking into account the issues raised

by the governor; or
(b)
pass the Bill without amendment.
(4) If a county assembly amends the Bill taking into

consideration the issues raised by the governor, the speaker
shall within fourteen days submit the Bill to the governor for
assent.
(5) If a county assembly passes the Bill a second time,
without amendment, or with amendments which do not
accommodate the governors concerns by a vote supported by
two-thirds of members of the county assembly, the speaker
shall within seven days re-submit the Bill to the governor and
the governor shall within seven days assent to the Bill.
(6) If the governor does not assent to a Bill or refer it
back within the period referred to under this section, the Bill
shall be taken to have been assented to on the expiry of that
period.
29
Coming into force

of a law.
25. (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 into force on the fourteenth day after its
publication in the county Gazette and Kenya Gazette,
whichever comes earlier, unless the legislation stipulates a
different date on or time at which it shall come into force.
(3) A county assembly legislation that confers a direct
benefit whether financial or in kind on members of the county
assembly shall come into force after the next general election
of members of the county assembly.
(4) Subsection (3) does not apply to an interest that
members of county assembly have as members of the public.
PART IVELECTORAL WARDS
Number and
delimitation of
electoral Wards,
etc.
26.(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 Commission)
shall ensure that each county comprises at least fifteen Wards.
(3) The Commission shall review the names and
boundaries of Wards at intervals of not less than eight years,
and not more than twelve years, but any review shall
(a)
ensure that no county shall comprise less than

twenty-five Wards; and
(b)
be completed at least twelve months before a

general election of county assembly members.
30
(4) The requirements under subsection (3) above shall

not apply to the review of Ward boundaries preceding the first
election under this Act.
(5) If a general election is to be held within twelve
months after the completion of a review by the Commission,
the new boundaries shall take effect in the subsequent
election.
(6) The boundaries of each Ward shall be such that the
number of inhabitants in the Ward is, as nearly as possible,
equal to the population quota, but the number of inhabitants
of a Ward may be more or less than the population quota in
the manner mentioned in subsection (7) to take account of
(a)
geographical features and urban centres;
(b)
community of interest, historical, economic and

cultural ties; and
(c)
means of communication.
(7) The number of inhabitants of a Ward may be more

or less than the population quota by a margin of not more
than
(a)
forty per cent for cities and sparsely populated

areas; or
(b)
thirty per cent for the other areas.
(8) In reviewing Ward boundaries, the Commission

shall
(a)
consult all interested parties; and
(b)
progressively work towards ensuring that the

number of inhabitants in each constituency and
31
Ward is, as nearly as possible, equal to the

population quota.
Recall of a county
assembly member.
27. (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 violated
the provisions of Chapter Six of the Constitution;
(b) is found, after due process of the law, to have
mismanaged public resources;
No. 24 of 2011.
(c) is convicted of an offence under the Elections Act.

(3) A recall of a member of the county assembly under
subsection (1) shall only be initiated upon a judgment or
finding by the High Court confirming the grounds specified in
subsection (2).
(4) A recall under subsection (1) shall only be initiated
twenty-four months after the election of the member of the
county assembly and not later than twelve months
immediately preceding the next general election.
(5) A recall petition shall not be filed against a member
of the county assembly more than once during the term of that
member in the county assembly.
No. 24 of 2011
Petition for recall.
(6) A person who unsuccessfully contested an election

under the Elections Act shall not be eligible, directly or
indirectly, to initiate a petition under this section.
28. (1) A recall under section 27 shall be initiated by a

petition which shall be filed with the Independent Electoral
32
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 to vote in the election in respect
of which the recall is sought;
(c) accompanied by an order of the High Court issued in
terms of section 27(3).
(2) The petition referred to in subsection (1) shall
(a) specify the grounds for the recall as specified under
section 27(2);
(b) contain a list of such number of names of voters in
the Ward which shall represent at least thirty percent
of the registered voters in that Ward; and
(c) be accompanied by the fee prescribed for an election
petition.
(3) The list of names referred to in subsection (2) (b)
shall contain the names, address, voter card number, national
identity card or passport number and signature of the voters
supporting the petition.
(4) The voters supporting a petition under subsection (3)
shall represent the diversity of the people in the Ward.
(5) The petitioner shall collect and submit to the
Commission the list of names under subsection (2) (b) within
a period of thirty days after filing the petition.
33
(6) The Commission shall verify the list of names within

a period of thirty days of receipt of that list.
(7) The Commission, if satisfied that the requirements of
this section are met, shall within fifteen days after the
verification, issue a notice of the recall to the speaker of the
county assembly.
(8) The Commission shall conduct a recall election
within the Ward within ninety days of the publication of the
question.
Recall elections.
29. (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 yes or the
answer no.
(3) The Commission shall assign a symbol for each
answer to the recall question.
(4) The voting at a recall election shall be by secret
ballot.
(5) A recall election shall be decided by a simple
majority of the voters voting in the recall election.
(6) Where a recall election results in the removal of a
member of the county assembly, the Commission shall
conduct a by-election in the affected Ward.
(7) A member of the county assembly who has been
recalled may run in the by-election conducted under
subsection (6).
34
PART V COUNTY EXECUTIVE

Functions and
responsibilities of
a county governor.
30.(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;
(b)
perform such State functions within the county

as the President may from time to time assign on
the basis of mutual consultations;
(c)
represent the county in national and international

fora and events;
(d)
appoint, with the approval of the county

assembly, the county executive committee in
accordance with Article 179(2)(b) of the
Constitution;
(e)
constitute the county executive committee

portfolio structure to respond to the functions
and competencies assigned to and transferred to
each county;
(f)
submit the county plans and policies to the county

assembly for approval;
(g)
consider, approve and assent to bills passed by

the county assembly;
(h)
chair meetings
committee;
(i)
by a decision notified in the county gazette,
35
of
the
county
executive
assign to every member of the county executive

committee, responsibility to ensure the discharge
of any function within the county and the
provision of related services to the people;
(j)
submit to the county assembly an annual report on

the implementation status of the county policies
and plans;
(k)
deliver annual state of the county address

containing such matters as may be specified in
county legislation;
(l)
subject to the operational command structures set

out in the National Police Service Act or any
other national security legislation, chair the
county equivalent of the national security
council as provided for in Article 239 (5) of the
Constitution; and
(m)
sign and cause to be published in the county

Gazette, notice of all important formal decisions
made by the governor or by the county executive
committee.
(3) In performing the functions under subsection (2), the

governor shall
(a)
provide leadership in the countys governance and

development;
(b)
provide leadership to the county executive

committee and administration based on the county
policies and plans;
(c)
promote democracy, good governance, unity and

cohesion within the county;
(d) promote peace and order within the county;
36
Powers of the
governor.
(e)
promote the competitiveness of the county;
(f)
be accountable for the management and use of the

county resources; and
(g)
promote and facilitate citizen participation in the

development of policies and plans, and delivery of
services in the county.
31. 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 under section 40 of
this Act;
(c) may appoint an accounting officer for each
department, entity or decentralized unit of the
county government; and
(d) shall have such powers as may be necessary for the
execution of the duties of the office of governor.
Functions of the
deputy governor.
32.(1) The deputy governor shall take and subscribe to

the oath or affirmation as set out in the Schedule to this Act
before assuming office.
(2) The deputy governor shall deputize for the governor
in the execution of the governors functions.
(3)The governor may assign the deputy governor any
other responsibility or portfolio as a member of the county
executive committee.
37
(4) When acting in office as contemplated in Article 179

(5) of the Constitution, the deputy governor shall not exercise
any powers of the governor to nominate, appoint or dismiss
that are assigned to the governor under the Constitution or
other written law.
(5) The governor shall not delegate to the deputy
governor any of the functions referred to in subsection (4).
Removal of a
governor.
33.(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 County Assembly
(a) the Speaker of the County Assembly shall inform the
Speaker of the Senate of that resolution within two
days; and
(b) the Governor shall continue to perform the functions
of the office pending the outcome of the proceedings
required by this section.
(3) Within seven days after receiving notice of a
resolution from the Speaker of the County Assembly
(a) the Speaker of the Senate shall convene a meeting of
the Senate to hear charges against the Governor; and
(b) the Senate, by resolution, may appoint a special
committee comprising eleven of its members to
investigate the matter.
(4) A special committee appointed under subsection (3)
(b) shall
38
(a) investigate the matter; and

(b) report to the Senate within ten days on whether it
finds the particulars of the allegations against the
Governor to have been substantiated.
(5) The Governor shall have the right to appear and be
represented before the special committee during its
investigations.
(6) If the special committee reports that the particulars
of any allegation against the Governor
(a) have not been substantiated, further proceedings
shall not be taken under this section in respect of that
allegation; or
(b) have been substantiated, the Senate shall, after
according the Governor an opportunity to be heard,
vote on the impeachment charges.
(7) If a majority of all the members of the Senate vote to
uphold any impeachment charge, the Governor shall cease to
hold office.
(8) If a vote in the Senate fails to result in the removal of
the governor, the Speaker of the Senate shall notify the
Speaker of the concerned county assembly accordingly and
the motion by the assembly for the removal of the governor
on the same charges may only be re-introduced to the Senate
on the expiry of three months from the date of such vote.
(9) The procedure for the removal of the President on
grounds of incapacity under Article 144 of the Constitution
shall apply, with necessary modifications, to the removal of a
governor.
(10) A vacancy in the office of the governor or deputy
governor arising under this section shall be filled in the
39
manner provided for by Article 182 of the Constitution.

Exercise of
executive
authority.
34. 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 Article
174 and 175 of the Constitution;
(d) while enhancing self-governance for communities
in the management of development programs;
(e) while ensuring the protection and promotion of the
interests and rights of minorities and marginalized
communities;
(f) while promoting gender equity;
(g) while
promoting
social
and
development within the county; and
(h)
Appointment
of
county executive
members.
economic
while ensuring equitable sharing of available

resources throughout the county.
35.(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 provided for in the Constitution.
40
(2) The county assembly shall not approve nominations

for appointment to the executive committee that do not take
into account
(a)
not more than two thirds of either gender;
(b)
representation of the minorities, marginalised

groups and communities; and
(c)
community and cultural diversity within the

county.
(3) A person may be appointed as a member of the

county executive committee if that person
(a)
is a Kenyan citizen;
(b)
is a holder of at least a first degree from a

university recognised in Kenya;
(c)
satisfies the requirements of Chapter Six of the

Constitution; and
(d)
has knowledge, experience and a distinguished

career of not less than five years in the field
relevant to the portfolio of the department to
which the person is being appointed.
(4) A member of the county executive committee shall

not hold any other State or public office.
Functions of the
executive
committee.
36.(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 decentralised units
and agencies in the county;
41
(b)
perform any other functions conferred on it by the

Constitution or national legislation; and
(c)
carry out any function incidental to any of the

assigned functions.
(2)
In the performance of its functions, a county
executive committee shall have power to determine its own
programme of activities and every member of the committee
shall observe integrity and disclosure of interest in any matter
before the committee.
Role of the
executive
committee in urban
area or city
planning.
Oath of office for

the executive
committee.
37. 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;
(c)
facilitate the coordination and alignment of

integrated development plans of different cities or
municipalities within the county and with the
plans, strategies and programmes of national and
county governments; and
(d)
take appropriate steps to resolve any disputes or

differences in connection with the planning,
formulation , adoption or review of an integrated
development plan.
38. A person appointed as a member of the executive

committee under Article 179 of the Constitution shall take the
prescribed oath or affirmation of office provided in the
Schedule to this Act before assuming office.
42

Accountability of
members of the
executive
committee.
39.(1) The members of the 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 executive committee to
Removal of
member of
executive
committee.
(a)
attend or appear before the committee; and
(b)
answer any question relating to the members

responsibilities.
40.(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
consecutive meetings of the county executive
committee;
(e) physical or mental incapacity rendering the
executive committee member incapable of
performing the duties of that office; or
(f)
gross violation of the Constitution or any other

law.
(2) A member of the county assembly, supported by at

least one-third of all the members of the county assembly,
may propose a motion requiring the governor to dismiss a
county executive committee member on any of the grounds
set out in subsection (1).
43
(3) If a motion under subsection (2) is supported by at

least one-third of the members of the county assembly
(a) the county assembly shall appoint a select
committee comprising five of its members to
investigate the matter; and
(b)
the select committee shall report, within ten days,

to the county assembly whether it finds the
allegations against the county executive committee
member to be substantiated.
(4) The county executive committee member has the

right to appear and be represented before the select committee
during its investigations.
(5) If the select committee reports that it finds the
allegations
(a) unsubstantiated, no further proceedings shall be
taken; or
(b)
substantiated, the county assembly shall vote

whether to approve the resolution requiring the
county executive committee member to be
dismissed.
(6) If a resolution under subsection (5) (b) is supported

by a majority of the members of the county assembly
(a)
the speaker of the county assembly shall

promptly deliver the resolution to the governor;
and
(b)
Meetings of the
county executive
committee.
the governor shall dismiss the county executive

committee member.
41.(1) The deliberations of all meetings of the county
executive committee shall be recorded in writing.
44
(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 present and voting.
(4) A resolution arrived at pursuant to subsection (2)
shall be accessible to the public.
County executive
to remain in office
after elections.
42.(1) When a general election is held for a county

government, the outgoing county executive committee shall
remain in office until a new executive committee is
constituted after the election.
(2)The constitution of a new executive committee after
an election under subsection (1) shall be finalized within
twenty-one days of the swearing in of the members of the
county assembly.
Representation of
county government
by Attorney General in court.
43. 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.
Appointment
of
county secretary.
44.(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 and
management;
(b)
shall be nominated from persons competitively

sourced under paragraph (a) by the governor and,
with the approval of the county assembly,
45
appointed by the governor; and

(c)
may, subject to the conditions and terms of

appointment, be dismissed by the governor.
(3) The county secretary shall

(a)
be the head of the county public service;
(b)
be responsible for arranging the business, and

keeping the minutes, of the county executive
committee subject to the directions of the
executive committee;
(c)
convey the decisions of the county executive

committee to the appropriate persons or
authorities; and
(d)
perform any other functions as directed by the

county executive committee.
(4) The county secretary may resign from office by

giving thirty days written notice to the governor.
Appointment of
county chief
officers.
45.(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 shall be an

office in the county public service.
(3) A county chief officer shall be responsible to the
respective county executive committee member for the
46
administration of a county department as provided under

section 46 of this Act.
(4) The county chief officer shall be the authorized
officer in respect of exercise of delegated power.
(5) The governor may re-assign a county chief officer.
(6) A county chief officer may resign from office by
giving notice, in writing, to the governor.
County executive
committee to
determine
organisation of
county.
46.(1) The county executive committee shall determine

the organisation 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

the decentralised units;
(c)
abolish any department; and
(d)
determine or change the name of any department.
(2) When establishing and organizing the county, the

executive committee shall take into account, and be guided
by, the need to
(a)
be responsive to the needs of the local

community and the functions and competencies
assigned to and transferred to the county;
(b)
facilitate a culture of public service and

accountability in the county public service;
(c)
be performance oriented and focused on the

objects of devolved government set out in
47
Article 174 of the Constitution;
Performance
management plan.
(d)
ensure that the county departments align their

roles and responsibilities with the priorities and
objectives set out in the countys policies and
plans;
(e)
organise its departments and other structures in a

flexible way in order to respond to changing
priorities and circumstances;
(f)
assign clear responsibilities for the management

and co-ordination of departments and functions;
(g)
allow participatory decision making as far as is

practicable; and
(h)
provide an equitable, fair, open and nondiscriminatory working environment.
47.(1) The county executive committee shall design a

performance management plan to evaluate performance of the
county public service and the implementation of county
policies.
(2) The plan shall provide for among others
(a)
objective,
measurable
performance indicators;
(b)
linkage to mandates;
(c)
annual performance reports;
(d)
citizen participation in the evaluation of the

performance of county government; and
(e)
public sharing of performance progress reports.
48
and
time
bound
(3)The governor shall submit the annual performance

reports of the county executive committee and public service
to the county assembly for consideration.
(4)The performance management plan and reports under
this section shall be public documents.
PART VI DECENTRALIZED UNITS
Decentralized units.
48.(1) Subject to subsection (3), the functions and

provision of services of each county government shall be
decentralized to
(a)
the urban areas and cities within the county

established in accordance with the Urban Areas
and Cities Act, 2011;
(b)
the sub-counties equivalent to the constituencies

within the county established under Article 89 of
the Constitution;
(c)
the Wards within the county established under

Article 89 of the Constitution and section 26 of
this Act;
(d)
such number of village units in each county as

may be determined by the county assembly of the
respective county; and
(e)
such other or further units as a county government

may determine.
No.13 of 2011.
(2) If the constituency or part of a constituency falls

under urban areas or cities, that constituency or part of the
constituency, as the case may be, shall be considered as
falling under subsection (1) (a).
(3) In establishing a village unit under subsection (1)(d),
a county assembly shall take into account the
49
(a) population size;

(b) geographical features;
(c) community of interest, historical, economic and
cultural ties; and
(d) means of communication.
(4) A county assembly shall enact legislation to provide
for the delineation and establishment of the village units in
the county.
(5) Nothing in this Part may be construed as precluding
the county government, through county legislation, from
adjusting the units created under subsection (1) for purposes
of further decentralizing its functions and provision of its
services in accordance with Article 176(2) of the Constitution.
Urban areas and
cities structures.
No.13 of 2011.
49.The structures and functions of urban areas and cities

shall be as is provided for in the Urban Areas and Cities Act.
Office of the subcounty

administrator.
50.(1) There shall be established at the level of each subcounty the office of the sub-county administrator.
(2) The sub-county administrator shall have
qualifications and knowledge in administration or
management and shall be competitively appointed by the
County Public Service Board in accordance with the
provisions of this Act.
(3) The sub-county administrator shall be responsible for
the coordination, management and supervision of the general
administrative functions in the sub-county unit, including
(a) the development of policies and plans;
(b)
service delivery ;
50
(c)
developmental
community;
activities
to
empower
the
(d)
the provision and maintenance of infrastructure

and facilities of public services;
(e)
the county public service;
(f)
exercise any functions and powers delegated by

the County Public Service Board under section 86;
and
(g)
facilitation
and
coordination
of
citizen
participation in the development of policies and
plans and delivery of services.
(4) In carrying out the functions and obligations in

subsection (3), the sub-county administrator shall be
responsible to the relevant county chief officer.
Establishment of
the office of Ward
administrator.
51.(1) There is established for each Ward in a county the

office of the Ward administrator.
(2) The Ward administrator shall have professional
qualifications and technical knowledge in administration and
shall be competitively appointed by the County Public
Service Board in accordance with the provisions of this Act.
(3) The Ward administrator shall coordinate, manage and
supervise the general administrative functions in the Ward
unit, including
(a) the development of policies and plans;
(b) service delivery;
(c) developmental activities to empower the community;
the provision and maintenance of infrastructure and
51
facilities of public services;

(d) the county public service;
(e) exercise any functions and powers delegated by the

County Public Service Board under section 86; and
(f) coordination and facilitation of citizen participation
in the development of policies and plans and delivery
of services.
subsection (3), the Ward administrator shall be responsible to
the sub-county administrator.
Establishment of
the office of
village
administrator.
52.(1) There is established the office of village

administrator for each village unit established in a county.
(2) A village administrator shall have professional
qualifications and technical knowledge in administration and
shall be appointed by the County Public Service Board in
accordance with the provisions of this Act.
(3) A village administrator shall coordinate, manage and
supervise the general administrative functions in the village
including(a) pursuant to paragraph 14 of Part II of the Fourth
Schedule to the Constitution(i) ensuring and coordinating the participation of
the village unit in governance; and
(ii) assisting the village unit to develop the
administrative capacity for the effective
exercise of the functions and powers and
participation in governance at the local level;
and
52
(b) the exercise of any functions and powers delegated

by the County Public Service Board under section
86.
subsection (3), a village administrator shall be responsible to
the relevant Ward administrator.
Village council.
53. (1) There is established, for each village unit, a

village council comprising(a) the village administrator who shall be the
chairperson of the village council; and
(b) not less than three and not more than five village
elders competitively appointed by the village
administrator with the approval of the county
assembly, taking into account gender balance.
(2) A village council shall be responsible for(a) ensuring and coordinating the participation of the
village unit in governance;
(b) assisting the village unit to develop the
administrative capacity for the effective exercise of
the functions and powers and participation in
governance at the local level;
(c) monitoring the implementation of policies at the
village unit;
(d) advising the ward administrator and sub-county
administrator on matters pertaining to the village;
and
(e) any other function necessary for the better
administration of the village unit.
53
(3) A person shall be eligible for appointment as a

village elder if the person(a) is a citizen of Kenya;
(b) has been a resident of or has been the owner of
property in the respective village unit for a
continuous period of not less than five years prior to
the appointment date;
(c) meets the requirements of Chapter Six of the
Constitution; and
(d) is not disqualified for appointment to office by this
Act or any other law.
(4) A village elder shall be paid such allowance as shall
be determined by the respective county assembly.
Structures
of
decentralisation.
54. (1) There shall be such further structures of

decentralization including locations and sub-locations as may
be provided for in county legislation.
(2) Until substantive appointments have been made by
the county public service under this Act, the public officers
serving in the system of the administration commonly known
as provincial administration shall, upon the final
announcement of all the results of the first election of
Parliament as contemplated by section 2 of the Sixth
Schedule to the Constitution, serve in the county governments
as officers of the county governments as follows(a) a district commissioner as a sub county administrator;
(b) a district officer as a Ward administrator; and
(c) a chief or sub-chief as officers of the further
decentralized unit.
54
PART VII COUNTY PUBLIC SERVICE

Objectives.
55.
(a)
The objectives of this Part are to

provide for evaluation and reporting on the
extent to which the values and principles
referred to in Articles 10 and 232 of the
Constitution are complied with in the county
public service;
(b)
provide for the organization, staffing and

functioning of the county public service in ways
that ensure efficient, quality and productive
services for the people of the county;
(c)
provide for institutions, systems and

mechanisms for human resource utilization and
development in a manner that best enhances
service delivery by county public service
institutions;
(d)
provide a framework of uniform norms and

standards to be applied in all counties in respect
of
(i)
establishment and abolition of offices

in the county public service;
(ii)
appointment of persons to hold or act

in those offices;
(iii)
(iv)
(e)
confirming appointments; or
exercising disciplinary control over
and removal of persons holding or
acting in those offices;
provide for the promotion of the values and
55
principles set out in Articles 10 and 232 of the

Constitution in the county public service;
County to have
county public
service.
(f)
provide for human resource management and

career development practices;
(g)
address staff shortages and barriers to staff

mobility between counties;
(h)
provide for standards to promote ethical

conduct and professionalism in county public
service;
(i)
provide for the establishment of County Public

Service Boards; and
(j)
make further provisions relating to appeals in

respect of county governments public service.
56.(1) Each county shall, in accordance with Article 235

of the Constitution, have its own public service to be known
as county public service.
(2) The county public service shall be headed by a
county secretary appointed under section 44.
(3) For purposes of subsection (1), the designation
county public officer shall be restricted to an officer
appointed by the county government.
Establishment of
the County Public
Service Board.
57.There is established a County Public Service Board

in each County, which shall be
(a)
a body corporate with perpetual succession and a

seal; and
(b)
capable of suing and being sued in its corporate

name.
56
Composition of the
County Public
Service Board.
58.(1) The County Public Service Board shall comprise

(a)
a chairperson nominated and appointed by the

county governor with the approval of the county
assembly;
(b)
not less than three but not more than five other
members nominated and appointed by the county
governor, with the approval of the county
assembly; and
(c)
a certified public secretary of good professional

standing nominated and appointed by the
governor, with the approval of the county
assembly, who shall be the secretary to the
board.
(2) The appointment of the members of the Board shall

be through a competitive process.
(3) A person shall be qualified to be appointed as a
member under subsection (1) if that person
(a)
satisfies the provisions of Chapter Six of the

Constitution;
(b)
is not a state or public officer;
(c)
in the case of chairperson or vice- chairperson,

possesses a minimum qualification of a
bachelors degree from a recognised university
and working experience of not less than ten years;
and
(d)
in the case of any other members

(i) possesses a minimum of a bachelors
degree from a recognised university and
working experience of not less than five
57
years; and
(ii) is a professional, demonstrates absence
of breach of the relevant professional
code of conduct.
(4) A member of the Board shall
(a)
hold office for a non-renewable term of six years;

and
(b) may serve on a part-time basis.

(5) The members of the Board may only be removed
from office
(a) on grounds set out for the removal of members of a
constitutional commission under Article 251(1) of
the Constitution; and
(b) by a vote of not less than seventy five percent of all
the members of the county assembly.
(6) The board shall elect a vice-chairperson from
amongst its members.
(7) The chairperson and vice-chairperson shall be of
opposite gender.
Functions and
powers of a
County Public
Service Board.
59.(1) The functions of the County Public Service Board

shall be, on behalf of the county government, to
(a) establish and abolish offices in the county public
service;
(b)
appoint persons to hold or act in offices of the

county public service including in the Boards of
cities and urban areas within the county and to
confirm appointments;
58
(c)
exercise disciplinary control over, and remove,

persons holding or acting in those offices as
provided for under this Part;
(d)
prepare regular reports for submission to the

county assembly on the execution of the
functions of the Board;
(e)
promote in the county public service the values

and principles referred to in Articles 10 and 232;
(f)
evaluate and report to the county assembly on the

extent to which the values and principles referred
to in Articles 10 and 232 are complied with in
the county public service;
(g)
facilitate the development of coherent, integrated

human resource planning and budgeting for
personnel emoluments in counties;
(h)
advise the county government on human resource

management and development;
(i)
advise county government on implementation

and monitoring of the national performance
management system in counties;
(j)
make recommendations to the Salaries and

Remuneration Commission, on behalf of the
county government, on the remuneration,
pensions and gratuities for county public service
employees.
(2) In appointing a person as a secretary to a board of a

city or an urban area under subsection (1) (a), the County
Public Service Board shall ensure that such person is a
certified public secretary of good professional standing.
59
(3) The reports under subsection (1) (d) shall contain the
details of persons appointed including gender, persons with
disabilities, persons from the minority and marginalised
communities.
(4) In the performance of its functions under subsection
(1)(e), the County Public Service Board shall have powers
to
(a) inform and educate county public officers and the
public about the values and principles;
(b) recommend to the county government effective
measures to promote the values and principles;
(c) assist county government in the formulation and
implementation of
programmes intended to
inculcate in public officers the duty to uphold the
values and principles;
(d) advise the county governments on their obligations
under international treaties and conventions on
good governance in the county public service;
(e) visit any county public office or body with a view
to assessing and inspecting the status of
compliance with the values and principles;
(f) investigate, on its own initiative or upon a
complaint made by any person or group of
persons, the violation of any values and principles;
(g) recommend to the relevant lawful authority, any
necessary action in view of the violation of the
values and principles by any person or public
body;
(h) cooperate with other institutions working in the
field of good governance in the public service; and
60
(i)
perform any other functions as the Board

considers necessary for the promotion of the
values and principles.
(5) The report by the County Public Service Board under

subsection (1) (f) shall
(a) be delivered each December to the county
assembly;
(b) include all the steps taken and decisions made by
the board;
(c) include specific recommendations that require to
be implemented in the promotion and protection of
the values and principles;
(d) include specific decisions on particulars of persons
or public body who have violated the values and
principles, including action taken or recommended
against them;
(e) include any impediment in the promotion of the
values and principles; and
(f) include the programmes the board is undertaking
or has planned to undertake in the medium term
towards the promotion of the values and
principles.
(6) The Board shall publish a report required under this
section in the County Gazette not later than seven days after
the report has been delivered to the county assembly.
Criteria for
establishment of
public offices, etc.
60.(1) The County Public Service Board shall establish a

public office within the county public service if it is satisfied
that
61
(a) the establishment of the public office shall serve

public interest in line with the core functions of
the county government;
(b) there exists no other public office in the county
public service discharging or capable of
discharging the duties for which the county is
requested to establish another office;
(c) upon the establishment of the office, the office
shall be vacant to be filled competitively and
transparently in accordance with the prescribed
appointment or promotion procedures;
(d) the establishment of the office including its level
of grading, qualification and remuneration shall
not disadvantage similar offices in the county
public service or occasion unfair competition for
staff among county public bodies;
(e)
the establishment of the office shall not confer

unfair advantage to a group of or individual
serving public officers;
(f)
the county government entity has prudently

utilized offices previously provided in its
establishment; and
(g)
funding for the office to be established is duly

provided for.
(2) In determining the provision of funding under

subsection (1) (g), the County Public Service Board shall take
due regard to the need to limit the component of personnel
emoluments to a level that does not adversely affect other
budgetary provisions in the recurrent vote.
(3) A written request for establishment of an office
complying with the conditions in this section shall be
62
submitted to the Board by the concerned head of department.

(4) In deciding whether or not to establish a public
office, the County Public Service Board shall take into
account
Criteria for
abolition of public
offices.
(a)
the overall workload in the county public service

concerned; and
(b)
the suitability of that department but not any

other to be the domicile of the public office to be
established.
61.(1) The County Public Service Board shall abolish a

public office when it is satisfied that
(a)
the abolition of the public office shall serve the

public interest in view of the core functions of the
county government;
(b)
there exists another public office in the county

public service discharging or capable of
discharging the duties of the office which the
county government is requested to abolish;
(c)
the abolition of the office in view of its level is

necessary so as to
(d)
(i)
eliminate unfair competition for staff

among
county
public
service
departments; and
(ii)
to promote parity of treatment among

officers of similar qualifications
holding public offices with the same
responsibilities;
the abolition of the office shall not confer unfair

advantage to a group of, or individual public
63
officer; or
(e)
the county government or office has been

reorganized or abolished.
(3) Any decision by the County Public Service Board to

abolish an office in the county public service shall be subject
to the due process of removing or retiring the affected public
officer including adherence to the principles of natural justice,
unless the affected public officer has been re-deployed to
another office.
Powers of the
County Public
Service Board to
establish or abolish
office.
62.(1) Taking into account the provisions of this Part, the

County Public Service Board on its own motion, may
establish or abolish any office in the county public service.
(2)If the Board intends to establish or abolish an office it
shall submit its proposal to the county assembly for approval
through the county executive committee member responsible
for the county public service.
(3) The County Public Service Board shall give the
county chief officer of the concerned department an
opportunity to make representation in respect of any action to
be taken under this section before making the decision in that
regard.
(4) If the County Public Service Board establishes an
office and the concerned department fails to fill the vacancy
for a period of twelve months after its establishment, the
office shall stand abolished and the County Public Service
Board shall not be required to make a decision to abolish that
office.
Powers of the
County Public
Service Board to
make
appointments.
63.(1) Except as provided for in the Constitution or

legislation, the County Public Service Board has the power to
make appointments including promotions in respect of offices
in the county public service.
64
(2) The power of the County Public Service Board

under subsection (1) shall be exercised
No unqualified
person may be
appointed in acting
capacity.
(a)
at the request of the relevant county chief officer

of the department to which the appointment is to
be made;
(b)
at the request of the clerk of the county assembly;

or
(c)
on the County Public Service Boards own

motion on account of best interest of the county
public service and parity of treatment of public
officers taking into account the circumstances of
each case.
64.(1) A person shall not be appointed to hold a public

office in an acting capacity unless the person satisfies all the
prescribed qualifications for holding that public office.
(2)Acting appointments shall be made only by the
lawful appointing authority and for a specified period.
(3) Nothing in this section shall prevent a public officer
from
(a) delegating a duty for which the law does not
prohibit delegation; or
(b)
deploying another officer to perform duties

vested in another office during a temporary
absence.
(4) Any delegation or deployment under subsection (3)

shall
(a) be made by an officer who is qualified and
competent to perform the duty; and
(b)
not undermine the expeditious appointment or

deployment of a competent person to the public
65
office concerned.
(5) If it comes to the attention of the County Public
Service Board that a public officer has purportedly made an
acting appointment, delegation or deployment as the case may
be, contrary to the provisions of this section, the County
Public Service Board shall take the necessary corrective
action.
Matters to take into
account during
appointments, etc.
65.(1) In selecting candidates for appointment, the

County Public Service Board shall consider
(a)
the standards, values and principles set out in

Articles 10, 27 (4), 56 (c) and 232 (1) of the
Constitution;
(b)
the prescribed qualifications for holding or acting

in the office;
(c)
the experience and achievements attained by the

candidate;
(d)
the conduct of the candidate in view of any

relevant code of conduct, ethics and integrity;
(e)
the need to ensure that at least thirty percent of

the vacant posts at entry level are filled by
candidates who are not from the dominant ethnic
community in the county;
(f)
the need for open and transparent recruitment of

public servants; and
(g)
individual performance.
(2)In determining whether an appointment, promotion or

re-designation has been undertaken in a fair and transparent
manner, the overriding factors shall be merit, fair competition
and representation of the diversity of the county.
66
Advertisements of
positions to be
widely publicised.
66. If a public office is to be filled, the County Public

Service Board shall invite applications through advertisement
and other modes of communication so as to reach as wide a
population of potential applicants as possible and especially
persons who for any reason have been or may be
disadvantaged.
Appointments
be in writing.
67. No appointment or assignment of a duty in a county

public service shall be valid unless it is evidenced in writing.
to
Board to maintain
records of
applicants.
68. Subject to the relevant legislation, the County Public

Service Board shall, for a specified period, maintain a record
of all applications received in response to advertisements
inviting applications and such record may be inspected by any
person.
Re-designation of
officers.
69.(1) In selecting public officers for re-designation, the

criteria for appointment as prescribed under this Part shall
apply.
(2) A public officer shall not be re-designated to hold or
act in a public office if
(a)
the office is not vacant;
(b)
the public officer does not meet all the

qualifications, except for experience at a lower
grade in the relevant cadre, attached to the public
office;
(c)
the decision to re-designate the officer may

disadvantage any public officer already serving in
the relevant cadre; or
(d)
the officer subject to re-designation has not

consented to the re-designation.
(3)
If a public officer is re-designated, the officer shall
67
not in any way suffer reduction in remuneration.

Provisions on
appointments to
apply to
promotions.
70.(1) The provisions of this Act and regulations or

procedures made under this Act that apply to appointments
shall also apply to promotions.
(2) If a public officer has been promoted, the head of
department shall within sixty days after the date of the
promotion release the public officer to take up the promotion
and if the officer is not so released, he or she stands released
upon the lapse of sixty days.
(3)If a public officer has been promoted and has failed to
take up the promotion, the promotional decision shall lapse
upon the expiry of sixty days after the date of the decision and
the officer shall revert back to the office held prior to the
decision, subject to confirmation that the person received the
official communication on the promotion and was released.
Confirmation
of
appointment
on
lapse of period.
71.(1) If the relevant authority fails to confirm an

appointment of a public officer initially appointed on
probationary terms, and the term has lapsed with or without
an extension, the officer shall stand confirmed in the
appointment on the due date.
(2) The period served on probationary terms shall be
taken into account when computing the period of service for
the purpose of payment of pension benefits, gratuity or any
other terminal benefit.
(3) A probationary period of service shall not be
extended except on account of
(a)
affording the public officer further opportunity to

pass an examination the passing of which is a
condition for the confirmation, the officers
service otherwise being satisfactory;
(b)
affording the public officer an opportunity for
68
improvement in any respect, in which the

officers work or conduct have been adversely
reported on.
Power to deploy
public officers.
72.(1) The power to deploy a county public officer within a

department shall vest in the relevant county chief officer.
(2)The power to deploy a county public officer from one
department to another shall vest in the head of the county
public service.
Secondments.
73.(1) The national government shall put in place

measures to protect its public officers on secondment to the
counties from loss or disadvantage with respect to pension
benefits, gratuity or other terminal benefits.
(2) Unless there is an agreement to the contrary, it shall
be the responsibility of the national government to pay the
salaries, remuneration, allowances and other benefits due to
the staff seconded to a county government during the
transition period.
(3) If for any reason it is not necessary for an officer on
secondment to remain seconded and the secondment period
has not lapsed, the officer shall be entitled to revert back to
the public office held before secondment.
(4) The County Public Service Board shall not allow a
public officer to proceed on secondment if it is not in the
interest of the public officer or the concerned county public
service.
(5) The County Public Service Board making a decision
on secondment shall not allow the secondment unless it has
considered the representation by the concerned authorized
officer or head of department.
69
County Public
Service Board to
regulate
appointment of
persons on
contract.
74. The County Public Service Board shall regulate the

engagement of persons on contract, volunteer and casual
workers, staff of joint ventures and attachment of interns in its
public bodies and offices.
Action on
irregularity of
process.
75. If it comes to the attention of the County Public

Service Board that there is reason to believe that any process
or decision under this Part may have occurred in an irregular
or fraudulent manner, the County Public Service Board shall
investigate the matter and, if satisfied that the irregularity or
fraud has occurred, the County Public Service Board may
Prohibition of
punishment
contrary to the
Constitution.
(a)
revoke the decision;
(b)
direct the concerned head of department or lawful

authority to commence the process afresh; or
(c)
take any corrective action including disciplinary

action.
76.(1) In exercising its disciplinary powers, the County

Public Service Board shall observe the principles of natural
justice.
(2) No public officer may be punished in a manner
contrary to any provision of the Constitution or any Act of
Parliament.
(3) Nothing in this section shall limit the powers
conferred on the county government or any other lawful
authority discharging a disciplinary function from retiring an
officer from the county public service on the ground of public
interest.
(4) In this section, retirement on the ground of public
interest may be imposed instead of any other punishment if
the decision maker considers that although the misconduct
has been proven
70
(a)
the officer has nevertheless raised a mitigation

factor that renders imposition of a punishment too
harsh in view of the circumstances of the case; or
(b)
the length of service benefits accrued and

previous good record of the officer justifies the
retirement; or
(c)
imposing a punishment against the officer is

likely to adversely affect the reputation of the
public body concerned or the county public
service generally.
(5) If criminal proceedings are instituted against a county

public officer, disciplinary proceedings against the officer for
dismissal or imposition of any other punishment on any
grounds involved in the criminal charge shall not be taken
until the conclusion of the criminal proceedings and the
determination of any appeal therefrom has been made.
(6) Nothing in subsection (5) shall be interpreted as
prohibiting or restricting the power of the county government
or the concerned county chief officer or other lawful authority
to interdict or suspend or take any interlocutory decision
against the public officer.
Appeals to the
Public Service
Commission.
77.(1) Any person dissatisfied or affected by a decision

made by the County Public Service Board or a person in
exercise or purported exercise of disciplinary control against
any county public officer may appeal to the Public Service
Commission (in this Part referred to as the Commission)
against the decision.
(2) The Commission shall entertain appeals on any
decision relating to employment of a person in a county
government including a decision in respect of
(a)
recruitment,
71
selection,
appointment
and
qualifications attached to any office;

(b)
remuneration and terms and conditions of service;
(c)
disciplinary control;
(d)
national values and principles of governance,

under Article 10, and, values and principles of
public service under Article 232 of the
Constitution;
(e)
retirement and other removal from service;
(f)
pension benefits, gratuity and any other terminal

benefits; or
(g)
any other decision the Commission considers to

fall within its constitutional competence to hear
and determine on appeal in that regard.
(3) An appeal under subsection (1) shall be in writing

and made within ninety days after the date of the decision, but
the Commission may entertain an appeal later if, in the
opinion of the Commission, the circumstances warrant it.
(4)The Commission shall not entertain an appeal more
than once in respect to the same decision.
(5) Any person dissatisfied or affected by a decision
made by the Commission on appeal in a decision made in a
disciplinary case may apply for review and the Commission
may admit the application if
(a)
the Commission is satisfied that there appear in

the application new and material facts which
might have affected its earlier decision, and if
adequate reasons for the non-disclosure of such
facts at an earlier date are given; or
72
(b)
there is an error apparent on record of either

decision.
(6) An application for review under subsection (5) shall

be in writing and made within the time prescribed by the
Commission in regulations governing disciplinary
proceedings, but the commission may entertain an application
for review later if, in the opinion of the Commission, the
circumstances warrant it.
Resignation,
retirement etc.
78.(1) A county public officer desirous of resigning from

office may do so in writing addressed to the lawful appointing
authority for the public office.
(2) The resignation letter shall be delivered to the lawful
appointing authority by hand or by registered mail.
(3) Resignation under this section shall take effect thirty
days after the date of the resignation letter.
(4) A person who has resigned from the county public
service may rejoin the service in accordance with the
provision governing the relevant appointment.
Grounds for
retirement.
79. A person may retire from the county public service

(a)
on attainment of the mandatory retirement age

prescribed under the relevant legislation or
policy or as agreed upon between the county
public officer and relevant appointing authority;
(b)
on grounds of ill health subject to section 81;
(c)
on abolition of the county public office;
(d)
in the public interest; or
(e)
under a special retirement scheme agreed

between a public officer or the representative of
73
the public officer and the relevant appointing

authority.
Prescription of
retirement on age.
80. The mandatory retirement age for a county public

officer generally or for any category of public officers, shall
be prescribed by policy of the national government.
Retirement on the
ground of ill
health.
81.(1) A county public officer may retire from the county

public office on the ground of ill health if
(a)
the concerned county chief officer considers that

the public officer is incapable, by reason of any
infirmity of body or mind, of discharging the
functions of the public office and it is in the best
interest for the officer to retire; or
(b)
the public officer requests to be retired on the

ground of ill health, in which case, the county
chief officer shall initiate the process for the
retirement in accordance with this section.
(2) If a public officer is considered for retirement or has

requested to be retired in accordance with subsection (1), the
concerned county chief officer shall require the officer to be
examined by a medical board constituted by the director of
medical services in the national government with the view to
ascertain whether or not the public officer should be retired on
the ground of ill health.
(3) After the public officer has been examined in
accordance with subsection (2) and the finding is that he or
she should be retired, the director of medical services shall for
Ward the medical boards records of proceedings and findings
to the county head of public service who shall
(a)
request the officer to make any representation in

view of the medical boards record of proceeding
and findings;
74
(b)
make recommendations in view of the medical

boards findings and the officers representation ,
if any; and
(c)
forward all the documents referred to in the

subsection to the County Public Service Board.
(4) Unless the County Public Service Board considers

that further inquiry is necessary, in which case it shall issue
directions to the authorized officer accordingly, the Board
shall decide forthwith whether the public officer should be
called upon to retire on the ground of ill health.
(5) If the circumstances of ill health are such that a public
officer cannot attend medical board or make a presentation on
the findings of the medical board as provided for under this
section, the public officer may nevertheless be retired by the
County Public Service Board, if the authorized officer
submits the case to it, on the ground of ill health in
accordance with the law or service regulation or prescribed
terms of service dealing with the period an officer may be
retained in the service in case of prolonged ill health.
Retirement on
grounds of
abolition of office.
82.(1) If more than one county public officers, holding

similar public offices are to be retired on the ground of
abolition of office but one or more public officers is to remain
in office, the concerned county chief officer shall inform the
public officers that their retirement is under consideration and
shall invite each of them to make representation within
reasonable time.
(2) Upon receipt of the representations in subsection (1)
or upon failure to receive any representation within the
prescribed time, the county chief officer shall forward the
case to the County Public Service Board including a
recommendation justifying the retirement of the officer
together with the officers representation if any.
75
that further justification is necessary, in which case it shall

issue directions to the county chief officer accordingly, it shall
decide whether the public officer should be retired on the
ground of abolition of office.
(4) The County Public Service Board shall not retire any
public officer on the ground of abolition of office unless there
is written evidence that the public office concerned has been
abolished.
Retirement
on
grounds of public
interest.
83.(1) If a county chief officer, after having considered the

report of the complaint against a public officer and it is
apparent that it is desirable to retire the officer on the ground
of public interest, the county chief officer shall
(a)
serve the public officer a notice setting out the

particulars of the complaint as reported and
asking the officer to make representation within a
reasonable time; and
(b)
upon receipt of the representation or if none is

received within the prescribed time, for Ward to
the County Public Service Board all the details of
the case.

that further inquiry into the complaint is necessary, in which
case it shall issue direction to the county chief officer
accordingly, it shall decide forthwith whether the public
officer should be retired on the ground of public interest.
(3)For a complaint or report to justify retirement on the
ground of public interest, it shall be established that the public
officer offended public policy protected in prescribed
government policy, Act of Parliament or binding decision
made by a competent court of law.
76

Retirement
pursuant to
agreement or
special retirement
scheme.
84.(1) The County Public Service Board may retire a

public officer if
(a)
the officers contractual terms and conditions of

service provide for a special retirement clause and
has fallen due; or
(b)
the officer is required or is willing to voluntarily

retire in accordance with the terms and conditions
prescribed in a special retirement scheme.
(2) Except in cases of voluntary retirement or

retirement in accordance with contractual terms and
conditions, a public officer shall not be retired under this
section unless the County Public Service Board or other
lawful authority has accorded the officer a reasonable
opportunity to make representations on the intended
retirement.
Entitlement
to
apply for review.
Delegation by
County Public
Service Board.
85.A public officer retired under this Act shall be entitled

to apply for a review against the decision on account of
(a) fresh material facts which, with due diligence,
could not be presented when the decision was
initially made;
(b)
an error apparent on the record of the initial

decision; or
(c)
manifest absence of parity of treatment in view of

the circumstances and facts of the case.
86.(1) The County Public Service Board may delegate, in

writing, any of its functions to any one or more of its
members and the county secretary, county chief officer, subcounty or Ward administrator, village administrator, city or
municipal manager and town administrators.
(2)The provisions of this Part shall apply to the person to
whom the powers are delegated under this section.
77
PART VIII CITIZEN PARTICIPATION

Principles of
citizen
participation in
counties.
87.Citizen participation in county governments shall be

based upon the following principles
(a)
timely access to information, data, documents,

and other information relevant or related to policy
formulation and implementation;
(b)
reasonable access to the process of formulating

and implementing policies, laws, and regulations,
including the approval of development proposals,
projects and budgets, the granting of permits and
the establishment of specific performance
standards;
(c)
protection and promotion of the interest and

rights of minorities, marginalised groups and
communities and their access to relevant
information;
(d)
legal standing to interested or affected persons,

organizations, and where pertinent, communities,
to appeal from or, review decisions, or redress
grievances, with particular emphasis on persons
and traditionally marginalized communities,
including women, the youth, and disadvantaged
communities;
(e)
reasonable balance in the roles and obligations of

county governments and non-state actors in
decision-making processes to promote shared
responsibility and partnership, and to provide
complementary authority and oversight;
(f)
promotion of public-private partnerships, such as

joint committees, technical teams, and citizen
commissions, to encourage direct dialogue and
78
concerted action on sustainable development; and

(g)
Citizens right to
petition and
challenge.
recognition and promotion of the reciprocal roles

of
non-state
actors
participation
and
governmental facilitation and oversight.
88.(1) Citizens have a right to petition the county

government on any matter under the responsibility of the
county government.
(2) Citizen petitions shall be made in writing to the
county government.
(3) County legislation shall give further effect to section 88
(1).
Duty to respond to
citizens petitions
or challenges.
89. County government authorities, agencies and agents

have a duty to respond expeditiously to petitions and
challenges from citizens.
Matters subject to
local referenda.
90.(1) A county government may conduct a local

referendum on among other local issues
(a) county laws and petitions; or
(b) planning and investment decisions affecting the
county for which a petition has been raised and
duly signed by at least twenty five percent of the
registered voters where the referendum is to take
place.
No. 24 of 2011.
(2) The Elections Act shall apply, with necessary

modifications, with regard to a referendum referred to under
subsection (1).
Establishment of
modalities and
platforms for
citizen
participation.
91.The county government

establishment of structures for
including
79
shall facilitate the

citizen participation
Part to apply to
decentralized units.
(a)
information communication technology based

platforms;
(b)
town hall meetings;
(c)
budget preparation and validation fora;
(d)
notice boards: announcing jobs, appointments,

procurement, a Wards and other important
announcements of public interest;
(e)
development project sites;
(f)
avenues for the participation of peoples

representatives including but not limited to
members of the national Assembly and Senate; or
(g)
establishment of citizen fora at county and

decentralised units.
92.(1) The provisions of this Part shall apply with

necessary modifications to all decentralized units of the
county.
(2) The governor shall submit an annual report to the
county assembly on citizen participation in the affairs of the
county government.
(3) Regulations made under section 135 of this Act and
County legislation may give full effect to this Part.
PART IXPUBLIC COMMUNICATION AND
ACCESS TO INFORMATION
Principles of
public
communication.
93. Public communication and access to information

shall be based on the following principles
(a)
integration of communication in all development

activities;
80
Objectives
of
county
Communication.
(b)
observation of access to information by county

media in accordance with Article 35 of the
Constitution; and
(c)
observation of media ethics, standards and

professionalism.
94. A County government shall use the media to

(a)
create awareness on devolution and governance;
(b)
promote citizens understanding for purposes of

peace and national cohesion;
(c)
undertake advocacy on core development issues

such as agriculture, education, health, security,
economics, sustainable environment among
others; and
(d)
County
communication
framework.
promotion of the freedom of the media.
95.(1) A County government shall establish mechanisms

to facilitate public communication and access to information
in the form of media with the widest public outreach in the
county, which may include
(a) television stations;
(b) information communication technology centres;
(c) websites;
(d) community radio stations;
(e) public meetings; and
(f) traditional media.
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(2) The county government shall encourage and facilitate

other means of mass communication including traditional
media.
Access to
information.
96.(1) Every Kenyan citizen shall on request have

access to information held by any county government or any
unit or department thereof or any other State organ in
accordance with Article 35 of the Constitution.
(2) Every county government and its agencies shall
designate an office for purposes of ensuring access to
information as required by subsection (1).
(3) Subject to national legislation governing access to
information, a county government shall enact legislation to
ensure access to information.
(4) A county legislation enacted pursuant to subsection
(3), may impose reasonable fees or charges for accessing
information held by the county government , its departments
or agencies.
Inclusion and
integration of
minorities and
marginalized
groups.
97. A county government, public and private

organisation and private individual, shall observe the
following principles
(a)
protection of marginalised and minority groups

from discrimination and from treatment of
distinction of any kind, including language,
religion, culture, national or social origin, sex,
caste, birth, descent or other status;
(b)
non-discrimination and equality of treatment in

all areas of economic, educational, social,
religious, political and cultural life of the
marginalised and minority groups;
(c)
special protection to vulnerable persons who
82
may be subject to threats or acts of

discrimination, hostility, violence and abuse as a
result of their ethnic, cultural, linguistic,
religious or other identity;
(d)
special measures of affirmative action for

marginalised and minority groups to ensure their
enjoyment of equal rights with the rest of the
population;
(e)
respect and promotion of the

characteristics of minorities;
identity and
(f)
promotion of
education; and
intercultural
(g)
promotion of effective participation of

marginalised and minority groups in public and
political life.
diversity
and
PART X CIVIC EDUCATION

Principles of civic
education.
98.(1) The principles of civic education are intended to

promote
(a)
empowerment and enlightenment of citizens
and government;
(b)
continual and systemic engagement of citizens

and government; and
(c)
values and principles of devolution in the

Constitution.
(2) No other content may be disseminated under civic

education other than as provided for under section 100.
Purpose and
objectives of
civic education.
99.(1) The purpose of civic education under this Act is

to have an informed citizenry that actively participates in
governance affairs of the society on the basis of enhanced
83
knowledge, understanding
Constitution.
and
ownership
of
the
in
the
(2) The objectives of civic education are
Design and
implementation
of civic
education.
(a)
sustained citizens engagement

implementation of the Constitution;
(b)
improved understanding, appreciation and

engagement in the operationalization of the
county system of government;
(c)
institutionalising a culture of constitutionalism;
(d)
knowledge of Kenyas transformed political

system, context and implications;
(e)
enhanced knowledge and understanding of

electoral system and procedures;
(f)
enhanced awareness and mainstreaming of the

Bill of Rights and National values;
(g)
heightened demand by citizens for service

delivery by institutions of governance at the
county level;
(h)
ownership and knowledge on the principal

economic, social and political issues facing
county administrations and their form,
structures and procedures; and
(i)
appreciation for the diversity of Kenyas

communities as building blocks for national
cohesion and integration.
100.(1) Subject to subsection (2), each county shall

implement an appropriate civic education programme and
establish a civic education unit in this regard.
84
(2) For purposes of subsection (1), there shall be

established a national design and framework of civic
education, to determine the contents of the curriculum for
civic education taking into account the provisions of Article
33 of the Constitution.
(3) The national and county governments shall facilitate
the implementation of civic education programme under
subsection (2).
(4) The design and implementation of county civic
education programmes under this section shall involve the
participation of registered nonstate actors as may by
regulations be prescribed.
Institutional
framework
for
civic education.
101. Subject to section 100, County legislation shall

provide the requisite institutional framework for purposes of
facilitating and implementing civic education programmes
under this Part.
PART XI COUNTY PLANNING
Principles of
planning and
development
facilitation.
102. The principles of planning and development

facilitation in a county shall
(a)
integrate national values in all processes and

concepts;
(b)
protect the right to self-fulfilment within the

county communities and with responsibility
to future generations;
(c)
protect and integrate rights and interest of

minorities and marginalized groups and
communities;
(d)
protect and develop natural resources in a

manner that aligns national and county
85
governments policies;
Objectives of
county planning.
(e)
align county financial and institutional resources

to agreed policy objectives and programmes;
(f)
engender effective resource mobilization for

sustainable development;
(g)
promote the pursuit of equity in resource

allocation within the county;
(h)
provide a platform for unifying planning,

budgeting,
financing,
programme
implementation and performance review; and
(i)
serve as a basis for engagement between county

government and the citizenry, other stakeholders
and interest groups.
103. The objectives of county planning shall be to

(a)
ensure harmony between national, county and

sub-county spatial planning requirements;
(b)
facilitate the development of a well-balanced

system of settlements and ensure productive use
of scarce land, water and other resources for
economic, social, ecological and other functions
across a county;
(c)
maintain a viable system of green and open

spaces for a functioning eco-system;
(d)
harmonize the development of county

communication system, infrastructure and
related services;
(e)
develop urban and rural areas as integrated areas

of economic and social activity;
86
Obligation to plan
by the county.
(f)
provide the preconditions for integrating underdeveloped and marginalized areas to bring them
to the level generally enjoyed by the rest of the
county;
(g)
protect the historical and cultural heritage,

artefacts and sites within the county; and
(h)
make reservations for public security and other

critical national infrastructure and other utilities
and services;
(i)
work towards the achievement and maintenance

of a tree cover of at least ten per cent of the land
area of Kenya as provided in Article 69 of the
Constitution; and
(j)
develop the human resource capacity of the

county.
104.(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 spatial
planning.
(3) The county government shall designate county
departments, cities and urban areas, sub-counties and Wards
as planning authorities of the county.
(4) To promote public participation, non-state actors
shall be incorporated in the planning processes by all
authorities.
(5) County plans shall be binding on all sub-county units
87
for developmental activities within a County.

Planning
county.
in
the
105.(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; and
(d) ensuring meaningful engagement of citizens in
the planning process;
(e) ensuring the collection, collation, storage and
updating of data and information suitable for the
planning process; and
(f) ensuring the establishment of a GIS based
database system.
(2) The designated planning authority in the county shall
appropriately organise for the effective implementation of
the planning function within the county.
Integrating
national and
county planning.
106.(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 shall take due cognisance of the
financial viability of development programmes.
(4) County
participation.
88
planning
shall
provide
for
citizen

Types and
purposes of county
plans.
107.(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

No.13 of 2011.
(d)
cities and urban areas plans as provided for under

the Urban Areas and Cities Act.
(2) The County plans shall be the basis for all budgeting
and spending in a county.
County integrated
development plan.
108.(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 development plan shall at

least identify
(a)
(b)
the institutional framework, which shall include

an organization chart, required for
(i)
the implementation of the integrated

development plan; and
(ii)
addressing
the
transformation needs;
countys
internal
as informed by the strategies and programmes
89
set out in the plan(i)
any investment initiatives in the county;
(ii)
any development initiatives in the county,

including infrastructure, physical, social,
economic and institutional development;
(iii)
all known projects, plans and programs

to be implemented within the county by
any organ of state; and
(iv)
the key performance indicators set by

the county.
(3) An integrated development plan shall

(a)
have attached to it maps, statistics and other

appropriate documents; or
(b)
refer to maps, statistics and other appropriate

documents that are not attached but held in a
GIS based database system:
Provided that the plans under paragraph (a)
and (b) are open for public inspection at the
offices of the county in question.
(4) A resource mobilisation and management framework

shall be reflected in a countys integrated development plan
and shall at least
(a)
include the budget projection required under the

law governing county government financial
management;
(b)
indicate the financial resources that are available

for capital project developments and operational
expenditure; and
90
(c)
include a financial strategy that defines sound

financial management and expenditure control:
as well as ways and means of increasing
revenues and external funding for the county and
its development priorities and objectives, which
strategy may address the following(i) revenue raising strategies;
(ii) asset management strategies;
(iii)
(v)
financial management strategies;

capital financing strategies;
(vi) operational financing strategies;

and
(vii) strategies that would enhance
cost-effectiveness.
County sectoral
plans.
109.(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
County spatial
plans.
(a)
programme based;
(b)
the basis for budgeting

management; and
(c)
reviewed every five years by the county executive

and approved by the county assembly, but updated
annually.
and
performance
110.(1) There shall be a ten year county GIS based

database system spatial plan for each county, which shall be a
91
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 county development
plan;
(b) clear statements of how the spatial plan is linked to
the regional, national and other county plans; and
(c)
clear clarifications on the anticipated sustainable

development outcomes of the spatial plan.
(2)The spatial plan, which shall be spatial development

framework for the county, shall
(a) give effect to the principles and objects
contained in sections 102 and 103;
(b) set out objectives that reflect the desired spatial
form of the county taking into account the
development programme of the county as
articulated in its county integrated development
plan;
(c) contain strategies and policies regarding the
manner in which the objectives referred to in
paragraph (b), which strategies and policies
shall(i)
indicate desired patterns of land use

within the county;
(ii)
address the spatial construction or

reconstruction of the county;
(iii)
provide strategic guidance in respect of

the location and nature of development
92
within the county;

(iv)
set out basic guidelines for a land use

management system in the county
taking into account any guidelines,
regulations or laws as provided for
under Article 67(2) (h) of the
Constitution;
(v)
set out a capital investment framework

for
the
countys
development
programs;
(vi)
contain a strategic assessment of the

environmental impact of the spatial
development framework;
(vii)
identify programs and projects for the

development of land within the county;
and
(viii)
be aligned with the spatial

frameworks
reflected
in
development
the
integrated
development plans of neighbouring
counties.
(d)
shall indicate where public and private land

development
and infrastructure investment
should take place;
(e)
shall indicate desired or undesired utilisation of

space in a particular area;
(f)
may delineate the urban edges of the

municipalities within its jurisdiction and
mechanisms of dealing with the rural urban
interfaces;
93
(g)
shall identify areas where strategic intervention

is required;
(h)
shall indicate areas where priority spending is

required;
(i)
clear clarifications on the anticipated sustainable

development outcomes of the spatial plan; and
(j)
shall indicate the areas

conservation and recreation.
designated
for
(3) Each county spatial plan shall be developed by the

county executive committee and approved by the respective
county assemblies in accordance with procedures approved by
the respective county assembly.
(4) Each county spatial plan shall be reviewed every five
years and the revisions approved by the respective county
assemblies.
City or municipal
plans.
111.(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 shall be the instrument for
development facilitation and development control within the
respective city or municipality.
(3)A city or municipal plan shall, within a particular city
or municipality, provide for
94
(a)
functions and principles of land use and building

plans;
(b)
location of various types of infrastructure within

the city or municipality;
(c)
development control in the city or municipality

within the national housing and building code
framework.
(4) City or municipal land use and building plans shall

be binding on all public entities and private citizens operating
within the particular city or municipality.
(5)
City or municipal land use and building plans
shall be the regulatory instruments for guiding and facilitating
development within the particular city or municipality.
(6)
Each city or municipal land use and building plan
shall be reviewed every five years and the revisions approved
by the respective county assemblies.
Amending county
integrated
development plans.
112.(1) A county executive committee may by a

resolution, introduce a proposal to amend the countys
integrated development plan.
(2)A proposed amendment under subsection (1) to a
countys integrated development plan shall be considered and
approved or rejected by the county assembly in accordance
with its standing orders.
(3)A proposal for amending a countys integrated
development plan shall be
(a)
accompanied by a memorandum setting out the

reasons for the proposal; and
(b)
aligned with the framework adopted in terms of
95
section 106.
(4) If the amendment impacts on neighbouring counties,
the county making the amendment to its integrated
development plan shall
(a)
consult all the county governments affected by the

proposed amendment; and
(b)
take all comments submitted to it under paragraph

(a) into account before it reaches a final decision
on the proposed amendment.
(5)A county that considers an amendment to its

integrated development plan shall
(a)
consult the cities and urban areas within the

county on the proposed amendment; and
(b)
take all comments submitted to it by the cities and

municipalities into account before it takes a final
decision on the proposed amendment.
(6) No amendment to a countys integrated development

plan may be considered by the county assembly unless
(a)
all the members of the county assembly have

been given reasonable notice; and
(b)
the proposed amendment has been published for

public comment for a period of at least twenty
one days in a manner that allows the public an
opportunity to make representations with regard
to the proposed amendment.
(7) Subject to this section, nothing may be construed

as precluding a person ordinarily resident in a county from
proposing an amendment to the county integrated
development plan.
96
Giving effect to the

county integrated
development plan.
113.(1) A countys integrated development plan shall

(a)
inform the countys 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

implementation of strategies identified by the
county.
(2) Each county integrated development plan shall

provide clear input, output and outcome performance
indicators, including
(a)
the percentage of households with access to basic

services contemplated under Article 43 of the Bill
of Rights of the constitution;
(b)
the percentage of a countys capital budget

actually spent on capital projects identified for a
particular financial year in terms of the countys
integrated development plan;
(c)
the number of jobs created through any local

economic development initiatives including capital
projects; and
(d)
financial viability of the integrated development

plan in accordance with nationally applicable
ratios.
(3)Notwithstanding the provisions of subsection (2),

the performance management system shall conform to
nationally applicable guidelines on the matter.
97

Planning for
nationally
significant projects
in a county.
114.(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 assembly.
Public
participation
in
county planning.
115.(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, including
(i)
clear
strategic
assessments;
environmental
(ii)
clear
environmental
assessment reports;
(iii)
expected development outcomes; and
(iv)
development options and their cost

implications.
impact
(2) Each county assembly shall develop laws and

regulations giving effect to the requirement for effective
citizen participation in development planning and
performance management within the county and such laws
and guidelines shall adhere to minimum national
requirements.
98
PART XII DELIVERY OF COUNTY PUBLIC

SERVICES
Principles of
public service
delivery in a
county.
116.(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, nondiscrimination, transparency, accountability, sharing of data
and information, and subsidiarity.
Standards
and
norms for public
service delivery.
117.(1) A county government and its agencies shall in

delivering public services
(a) give priority to the basic needs of the public;
(b) promote the development of the public service
delivery institutions; and
ensure that all members of the public have access to
basic services.
(2)Public services shall be equitably delivered in a
manner that accords to
(a)
prudent, economic, efficient, effective

sustainable use of available resources;
(b)
continual improvement of standards and quality;
(c)
appropriate incorporation
information technology; and
(d)
financial and environmental sustainability.
of
the
use
and
of
(3)A county government shall carry out regular review of

the delivery of services with a view to improvement.
99
Shared services.
118.(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 services incidental to the primary purpose of any of
the participating counties.
(2) Each county shall have a county shared services
platform aligned to national policies, standards and norms.
Citizens
Centre.
Service
119.(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
conjunction with the national government of public services
to the county citizens.
(3)The governor shall ensure the use of appropriate
information and communication technologies at a Citizens
Service Centre to aid in the provision of timely and efficient
services to the county citizens.
Tariffs and pricing

of public services.
120.(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.
(2) A county government or agency delivering services
through service delivery agreements, shall comply with the
100
provisions of this section.

(3) A tariff policy adopted under subsection (1) shall
reflect following guidelines
(a)
users of county services should be treated

equitably in the application of tariffs, fees, levies
or charges;
(b)
the amount individual users pay for services

should generally be in proportion to their use of
that service;
(c)
poor households shall have access to at least basic

services through
(i)
tariffs that cover only operating

and maintenance costs;
(ii) special tariffs or life line tariffs

for low levels of use or
consumption of services or for
basic levels of service; or
(iii) any other direct or indirect
method of subsidies of tariffs for
poor households;
(d)
tariffs shall reflect the costs reasonably associated

with rendering the service, including capital,
operating, maintenance, administration and
replacement costs, and interest charges;
(e)
tariffs shall be set at levels that facilitate the

financial sustainability of the service, taking into
account subsidy from sources other than the
service concerned;
(f)
provision
101
may
be
made
in
appropriate
circumstances for a surcharge on the tariff for a

service;
(g)
provision may be made for the promotion of local

economic development through special tariffs for
categories of commercial and industrial users;
(h)
promotion of the economic, efficient, effective

and sustainable use of resources, the recycling of
waste, and other appropriate environmental
objectives; and
(i)
full disclosure of the subsidies on tariffs for poor

households and other categories of users.
(4) A tariff policy may differentiate between different

categories of users, debtors, service providers, services,
service standards, geographical areas and other matters as
long as the differentiation does not amount to unfair
discrimination.
(5) A County government may make laws and
regulations to give effect to the implementation and
enforcement of tariff policies.
Support to county
governments.
121.(1) The ministry or government department

responsible for matters relating to inter-governmental
relations shall provide support to county governments to
enable them to perform their functions.
(2) Without prejudice to the generality of sub section
(1), the ministry or government department shall
(a)
on its own initiative or on request by a county

government or group of persons assess the
performance of a county government with a view
to determine its support requirements;
(b)
make a report on the assessment made under

paragraph (a) and the capacity needs of the
102
county governments;
(c)
in consultation with the relevant county

government conduct research or inquiries to
determine the extent of its support requirements;
(d)
where necessary assess and value the

requirements of the county for the cabinet
secretary to take the relevant measures towards
providing support;
(e)
collect information on county performance and

on best practices in resolving performance
problems;
(f)
assist county governments to identify the causes

of their performance problems, and potential
solutions to the problems;
(g)
where circumstances indicate that the county is

unable or has difficulty in performing its
functions, prepare clear and practical measures
and recovery plan to build the capacity of the
county to enable it to effectively perform its
functions;
(h)
in collaboration with the relevant county

secretary consult with the cabinet secretary for
finance on any matter of support relating to
finance;
(i)
consult with the relevant county assembly on the

findings of the report made under paragraph (a)
and the recommendations under paragraph (e)
and jointly adopt an implementation plan; and
(j)
with the approval of the secretary, obtain the

services of any financial expert to perform any
specific work for the service.
(3) The report made under subsection (2) shall give full
and clear details of inability of the county to function and
103
cover all aspects that hinder the county from undertaking its
functions.
(4) Where after receiving the report under subsection (1)
the cabinet secretary is of the view that it is necessary for the
national government to intervene and perform the relevant
functions, the cabinet secretary shall seek the approval of
Parliament before assuming responsibility for the functions.
(5)The cabinet secretary shall give notice to the county
government of the nature of intervention, the measures to be
taken and the period required to rectify the problem.
PART XIIIPROCEDURE FOR SUSPENSION OF
COUNTY GOVERNMENT
Grounds for
suspension arising
from conflict or
war.
122. The President may suspend a county government

(a) in an emergency arising out of internal conflict or
war; or
(b) in any other exceptioal circumstances.
Suspension of
County
Government in
exceptional
circumstances.
123. (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 Consitution 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 petition under subsection (1) shall be supported by
the signatures of not less than ten percent of the registered
voters in the county.
(3) The President shall, within fourteen days after
receiving a petition against a county government under
subsection (1), submit a report on the averments made and
grounds giving rise to suspension of a county government
before the apex inter-govermental body (hereinafter refered to
104
as the apex body) established under the law governing intergovernmental relations for approval.
(4) Upon approval by the apex body, the President shall
nominate members of a Commission to inquire into and
investigate the situation in the county and make
recommendations on the suspension of the county government
and shall, after approval by Senate, appoint the members of the
Commission by notice in the Gazette.
(5) The Commission shall comprise
Cap. 102
(a)
a chairperson, who shall be an advocate of the

High Court of Kenya with at least fifteen years
experience;
(b)
the chairperson of the National Police Service;
(c)
two persons resident in the affected county and

who have not for the last ten years stood for an
elective office in the affected county government,
or have been an officer or employee of the
affected county government; and
(d)
two other persons not resident in the affected

county with experience in conflict management.
(6) The Commission shall have all or any of the powers

vested in a Commission under the Commissions of Inquiry
Act, and at any inquiry directed under this section, the county
government in question and any member thereof shall be
entitled to be heard.
(7) The Commission shall inquire into the matters before it
expeditiously and report on the facts and make
recommendations to the President.
(8) Upon receipt of the report of the Commission and upon
105
being satisfied that justifiable grounds exist for suspension of

a county government, the President shall within seven days
forward the report and the recommendations of the
Commission, together with the petition for suspension of the
county government to the speaker of the Senate.
(9) The speaker shall cause a motion for the suspension of
the county government to be laid before the Senate within
seven days and approval by Senate shall be by a resolution
adopted in accordance with the provisions of Articles 122 and
123 of the Constitution.
(10) Upon approval by Senate, the President shall, by
notice in the Gazette, suspend the county government for a
period not exceeding ninety days, or until the suspension is
terminated earlier by the Senate in accordance with Article
192 (4) of the Constitution.
Prorogation of the
county assembly.
124. (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 and
that have not received assent prior to suspension shall expire
and shall be re-introduced as new bills upon the cessation of
the suspension.
(4) County assembly committees shall be dissolved
during the period of suspension and shall be reconstituted
upon the cessation of suspension.
(5) The prorogation of the county assembly shall come to
an end
(a) if the suspension is terminated by Senate as
provided in this Act;
106
(b) upon the expiry of ninety days; or

(c)
upon the publication of a notice on the

holding of the election of the county assembly
in the Kenya Gazette by the Independent
Electoral and Boundaries Commission
according to the provisions of the Elections
Act, 2011.
No.24 of 2011.
Suspension of the
county executive
committee.
125. (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 committee shall
receive their half benefits.
Establishment of
the Interim County
Management
Board.
126. (1) An Interim County Management Board for a

suspended county government shall be appointed by the
President by notice in the Gazette.
(2) The
comprise
Interim County Management Board
shall
(a)
a chairperson appointed by the President with

the approval of Senate;
(b)
not less than three, or more than five other

members appointed by the Cabinet Secretary
responsible for intergovermental relations with
the approval of Senate ; and
(c)
a certified public secretary of good professional

standing appointed by the Cabinet Secretary
responsible for intergovermental relations who
shall be the secretary to the board.
(3) A person shall qualify for appointment as a
107
chairperson or a member of the Board if the person

(a)
is a resident of the county in question;
(b)
has knowledge, expertise and reasonable

experience in management of the security sector
or management of the private or public sector, and
in addition a degree from a univeristy recognised
in Kenya;
(c)
has not for the last five years stood for elective
office in the suspended county government, or
been an officer or employee of the suspended
county government; and
(d)
has not, for the last five years, been a member of a

governing body of a political party.
(4) The Board may co-opt not more than three

members with specialized knowledge or expertise to assist in
the discharge of specific functions of the board and on such
terms as the Board may specify.
Functions of the
Interim
County
Management
Board.
127. (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 complete restoration of
protection of human rights, peace, security and
public order;
(b)
work closely with the county administration in

improving the general governance and service
delivery;
(c)
summon any member, officer or employee of

county government or any other person to appear
108
before the board concerning matters relevant to

its functions;
(d)
summon any member, officer or employee of

county government or any other person to
produce any books or documents relating to the
functions of the board;
(e)
require the county government to provide

additional information or to explain any
inconsistency, where the board determines,
based on information it may have obtained;
(f)
hear and receive evidence and examine

witnesses; and
(g)
issue instructions in writing to members,

officers and employees of the
county
government for the better implementation of its
functions;
(2)
Any person who, without reasonable excuse
(a)
neglects or refuses to comply with the summons

issued by the Board;
(b)
having appeared, refuses to be examined on

oath or affirmation or to take such oath or
affirmation;
(c)
having taken such oath or affirmation, refuses to

answer fully and satisfactorily, to the best of his
knowledge and belief, all questions put to him;
or
(d)
knowingly and wilfully gives any evidence

which is untrue in any material particular,
commits an offence and shall be liable on conviction, for
109
every such neglect or refusal, to a fine not exceeding five

hundred thousand shillings or to imprisonment for a term
not exceeding one year.
(3) The members of the Board shall be paid allowances
to cater for their expenses as such reimbursement for
reasonable and necessary expenses as shall be advised by the
Salaries and Remuneration Commission.
(4) The Cabinet Secretary responsible for intergovernmental relations shall provide such staff as may be
necessary for purposes of the performance of the functions of
the board.
(5) No member of the suspended county government
shall exercise any supervisory or oversight control over the
functions of the Board or its activities.
(6) No matter or thing done by a member of the
board, or by any officer, or agent of the board shall, if the
matter or thing is done in good faith for the due execution of
the functions, powers or duties of the board under this act,
render such member, officer, or agent personally liable to any
legal action, claim, demand or liability whatsoever.
(7) The Interim County Management Board shall within
ninety days of appointment prepare and submit to the
President a report of its activities and its recommendations.
Dissolution of the
Interim
County
Management
Board.
Termination
suspension.
of
128. 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.
129. 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
110
(b)
County elections
after suspension.
No.24 of 2011.
upon termination by Senate by a resolution adopted

in accordance with Articles 122 and 123 of the
Constitution.
130. (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.
PART XIVMISCELLANEOUS
Financial
provision.
131. (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.
Pension schemes.
Protection against
personal liability.
132. 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.
133. (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
111
(d) any person acting under the direction of the

county government;
shall, if that act, matter or thing was done or omitted in good
faith in the execution of a duty or under direction, render that
member or person personally liable to any civil liability.
(2) A person who is not exempted from liability under
subsection (1) and who directs or concurs in the use of funds
contrary to existing legal rules or instructions shall be
accountable for any loss arising from that use and shall be
required to make good the loss even if that person has ceased
to hold office.
Repeal of Cap.265.
134. (1) The Local Government Act is repealed upon

the final announcement of all the results of the first elections
held under the Constitution.
(2) All issues that may arise as a consequence of the
repeal under subsection(1) shall be dealt with and discharged
by the body responsible for matters relating to transition.
Regulations.
135. (1)The Cabinet Secretary may make regulations for

the better carrying out of the purposes and provisions of this
Act and such Regulations may be made in respect of all
county governments and further units of decentralization
generally or for any class of county governments and further
units of decentralization.
(2) Regulations made under this section shall be tabled
before the Senate for approval, and shall not take effect until
such approval is obtained.
PART XV TRANSITIONAL PROVISIONS
First sitting of the

County. Assembly.
136. (1) The first sitting of a county assembly after the

first election under the Constitution, shall take place at a time,
place and date determined by the Independent Electoral and
Boundaries Commission, which date shall not be later than
112
fourteen days after the results of the elections have been

gazetted.
(2) The Chief Justice shall designate for each county a
judge to swear in the members and the speaker elected at the
meeting under subsection (1).
Facilitation
of
civic education.
137. (1) In the period preceding establishment of county

governments under Article 176 of the Constitution, the
design, coordination and implementation of civic education
shall be facilitated by the Ministries responsible for matters
relating to civic education, devolution and county
governments and such other programmes.
(2) For the purposes of this section and for the avoidance
of doubt
(a)
the Ministries responsible for matters of civic

education, devolution and county governments
respectively shall be responsible for the design
and coordination of overall civic education on
devolution as provided for in this Act; and
(b)
the Commission for the Implementation of the

Constitution shall ensure that the content of civic
education curriculum and materials developed
pursuant thereto, reflect the letter and spirit of
Chapter Eleven of the Constitution.
(3) The Ministries specified under subsection (2) shall,

create capacity and facilitate the county governments to
effectively assume their responsibilities in the delivery of
civic education in the county.
Arrangements for
public servants.
138.(1) Any public officer appointed by the Public

Service Commission in exercise of its constitutional powers
and functions before the coming to effect of this Act and is
serving in a county on the date of the constitution of that
county government shall be deemed to be in the service of the
113
county government on secondment from national government

with their terms of service as at that date and
(a)
the officers terms of service including

remuneration, allowances and pension or other
benefits shall not be altered to the officers
disadvantage; and
(b)
the officer shall not be removed from the service

except in accordance with the terms and
conditions applicable to the officer as at the date
immediately before the establishment of the
county government or in accordance with the law
applicable to the officer at the time of
commencement of the proceedings for the
removal; and
(c) the officers terms and conditions of service may

be altered to their advantage.
(2) Every public officer holding or acting in a public
office to which the Commission had appointed the officer as
at the date of the establishment of the county government
shall discharge those duties in relation to the relevant
functions of the county government or national government as
the case may be.
(3) The body responsible for the transition to county
governments shall in consultation with the Public Service
Commission and relevant ministries facilitate the
redeployment, transfers and secondment of staff to the
national and county governments.
(4) The provision under subsection (2) shall not
preclude
(a)
the County Public Service Board or other lawful

authority from promoting or appointing the officer
to another public office in the county; or
114
(b)
re-deployment by the relevant lawful authority.
(5) The period of secondment under subsection (1) shall

cease upon the transfer of a public officer from the national
government to a county government or upon the release of an
officer by the county government to the national government.
(6) Appointment of a public officer by the Commission
includes appointment of a public officer on powers delegated
by the Commission.
FIRST SCHEDULE
and 39)
(s.9(3),12(2),31(1),33(1))
OATHS OF OFFICE
Oath of office for governor/deputy governor
I , do swear/solemnly affirm that I shall always truly
and diligently serve the people and the Republic of Kenya in the
office the governor/deputy governor of ------------------- county; that I shall
diligently discharge my duties and perform my functions in the said
office, to the best of my judgment;( that ( in the case of the deputy
governor) I shall at all times, when so required, faithfully and truly
give my counsel and advice to the Governor of the ------------ county); that
I shall do justice to all. (So help me God)
Oath of office for speaker /acting speaker
I,.., having been elected as speaker /acting speaker
of the county assembly of . County do swear
/solemnly affirm that I shall always truly and diligently serve the
people and the Republic of Kenya in the office speaker /acting
speaker of the county assembly in .................county; that I shall
respect, uphold, preserve, protect and defend this Constitution of the
Republic Kenya; and that I shall do right to all manner of persons in
accordance Constitution of Kenya and the laws and conventions of
115
Parliament without fear or favour, affection or ill shall (So help me God)
Oath of office for county assembly clerk
office of the clerk of the county assembly in county; that I
shall diligently discharge my duties and perform my functions in the said
office, to the best of my judgment; that I shall at all times, when so
required, faithfully and truly give my counsel and advice to the Speaker
of the county assembly of ..county; that I shall do justice to all. (So
help me God)
Oath of office for county executive committee member
office the executive committee member of county; that I
shall diligently discharge my duties and perform my functions in the said
office, to the best of my judgment; that I shall at all times, when so
required, faithfully and truly give my counsel and advice to the governor
of the county; that I shall do justice to all. (So help me God)
Oath of office for county assembly members
office of county assembly committee member of county;
that I shall diligently discharge my duties and perform my functions in
the said office, to the best of my judgment; that I shall at all times,
respect, uphold, preserve, protect and defend this Constitution of the
Republic of Kenya; and that I shall do right to all manner of persons
in accordance with the Constitution of Kenya and the laws and
conventions of Parliament, that I shall do justice to all (So help me God)
116
SECOND SCHEDULE......................................(s. 14(8))
MATTERS TO BE PROVIDED FOR IN THE COUNTY

ASSEMBLY STANDING ORDERS
GENERAL
SUBJECT
MATTER
SPECIFIC MATTER TO BE ADDRESSED
Introductory
Interpretation
Swearing - in
of members
and election of
Speaker
Proceedings on assembly of a new Assembly

Swearing-in of members
Election of the Speaker
Election of
member to
deputize for
Speaker
Election of member to deputize the Speaker

Chairperson of Committees of the Whole Assembly
Presiding in the Assembly
Leader of the
majority
Leader of the majority party

Opposition in the Assembly
Governor and
persons
other than a
Member
Governors address to Assembly

Governor entering or leaving Chamber
Address by Senator or persons other than the Governor
or member
Sittings and
Adjournments
of the
Assembly
Location of sittings of a new Assembly

Regular sessions of the Assembly
Special sittings of the Assembly
Hours of meeting
117
Adjournment of the Assembly

Adjournment on definite matter of urgent national or
county importance
Quorum of the
Assembly
Quorum at commencement of the Assembly

Quorum during the proceeding of the Assembly
Quorum during voting or division
Order of
Business
Order Paper to be prepared and circulated

Messages from the Governor or Senator
Sequence of proceedings
Statements
Statement Hour
Approval of
county public
appointments
Committal to committees
Motions
Notices of Motions
Amendment of Notice of Motion
Certain Motions not to be moved
Time for moving Motions
Motion withdrawn may be moved again
Motions which may be moved without notice
Manner of debating Motions, Amendments thereto and
deferment of putting a question
Amendments to be in writing
Amendments to be relevant to Motion
Question proposed after Motion made
Motion in possession of the Assembly
Question as amended put
When amendment proposed but not made
Special
Motions
Definition of Special Motion

Procedure for removal of Governor
Procedure for removal of Deputy Governor
Procedure for removal of member of County Executive
118
Committee
Voting and
Divisions
Voting in the Assembly

Division claimed
Technical failure, confusion or error occurring
Roll call voting
In case of confusion or error
Decorum during division
Original vote
Rules of Debate Proceedings to be in Kiswahili, English or Kenyan sign

language
Members to address the Speaker
Two or more members rising to speak
Speeches may not be read
No member to speak after Question put
Speaking twice to a Question
Point of Order
Anticipating debate
Proceedings of Select Committees not to be referred to
Contents of speeches
Matters sub judice or secret
Declaration of interest
Responsibility for statement of fact
Member who has spoken to question may speak to
amendment
Debate on amendment confined to amendment
Reserving rights of speech
Closure of debate
Adjournment of debate
Limitation of
Debate
Order In the
Assembly
and In
Committee of
the Whole
Limitation of debate
Maintenance of order
Security checks
Firearms and other offensive weapon
Lady members handbags
When the Speaker rises members to be silent
119
Assembly
Members and the Chair

Members to be seated
Members to remain in their places until the Speaker has
left the Chamber
Irrelevance or repetition
Disorderly conduct
Member may be suspended after being named
Member suspended to withdraw from precincts of the
Assembly
Duration of suspension of a member
Action to be taken on refusal to withdraw
Grave disorder
Public Bills
Application and limitation

Introduction of Bills
Printing of amending provisions
Memorandum of Objects and Reasons
Publication
Not more than one stage of a Bill to be taken at the same
sitting
Reading of Bills
First Reading
Committal of Bills to Committees
Second Reading
Committal of Bills to Committee of the whole Assembly
Sequence to be observed on a Bill in Committee
Procedure in Committee of the whole Assembly on a
Bill
Report of Progress
Bill to be reported
Procedure on Bills reported from Committee of the
whole Assembly
Procedure on Bills reported from Select Committees
Procedure upon the re-committal of a Bill
Withdrawal of Bills
Third Reading
Re-introduction of Bills
Custody of Bills
120
Committee of
the Whole
Assembly
Limits on consideration of matters by Committee

Committee of the whole Assembly may not adjourn
Report
No debate on Motion for Report
Chairperson leaves Chair without question put when
directed to report
General application of rules in Committee
Select
Committees
Assembly Business Committee

Nomination of members of select committees
Criteria for nomination
Approval of nomination
Discharge of a member from a committee
Composition of select committees
Chairing of select committees and quorum
Conduct of election
Notice of meetings
Sittings of select committees
Member adversely mentioned not to sit
Adjournment for lack of quorum
Frequency of meetings
Failure to attend meetings
Absence of chairperson and vice-chairperson
List of attendance
Minutes of select committees
Summoning of witnesses
Temporary absence of a member of a select committee
Vote of no confidence in the chairperson or vicechairperson
Filling of vacancies in select committees
Original vote
Attendance by non-members of select committee
Procedure in select committees
Public access to meetings of select committee
Reports of select committees
Progress reports
Reports on Assembly Resolutions
Joint meetings of committees
Engagement of experts
121
County Public Accounts & Investments Committee

Budget and Finance Committee
Rules and Programme Committee
Committee on Implementation
Sectoral Committees
Appointment of Sectoral Committees
Limitation of mandate
Committee to be limited to mandate
Public Petitions
Meaning of Public Petition

Members statement on presentation of Petition
Petition on Private Bill
Notice of intention to present Petition
Form of Petition
Presentation of Petition
Comments on petitions
Printing of Petitions
Committal of Petitions
Financial
Procedures
General
Restrictions with regard to certain financial measures
Presentation of Budget Policy Paper in liaison with
commission
for revenue allocation.
Presentation of Annual Estimates and committal to
Committees
Committee of Ways and Means and Committee of
Supply
Procedure in Committee of Supply
Procedure on Supplementary Estimates
Consideration of Supply Resolutions
Order of Votes
Journals,
Records and
Broadcast of
Proceedings
Journals of the Assembly

Custody of Journals and Record
Hansard reports
Secret or personal matters
Broadcast of Assembly Proceedings
122
Communication Messages to and from the Senate

with the
Procedure for presentation of reports and other matters
Senate
from the Senate
The Public
Places to which members of public are not admitted

Exclusion of the public
Press representatives infringing Standing Orders or the
Speakers Rules
General
In cases not provided for, the Speaker to decide

Exemption of business from Standing Orders
Seating in the Chamber
Members travelling outside the County or outside Kenya
Expenses of witnesses
Suspension and
Amendment of
Standing
Orders
Broadcasting
Rules
Broadcasting of Assembly proceedings

Protection of the dignity of the Assembly
External media houses
Breach of broadcasting Rules
123
______________________
I certify that this printed impression is a true copy of the
Bill passed by the National Assembly on the 23rd February, 2012.
Clerk of the National Assembly.
Presented for assent in accordance with the provisions of

the Constitution on the ..., at the hour of ..
Attorney-General.
124

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The County Governments Act, 2012

THE COUNTY GOVERNMENTS ACT, 2012

The County Governments Act, 2012

20Voting in a county assembly.

The County Governments Act, 2012

43 Representation of county government by Attorney General in Court.

The County Governments Act, 2012

65Matters to take into account during appointments, etc.

The County Governments Act, 2012

88Citizens right to petition and challenge.

The County Governments Act, 2012

107Types and purposes of county plans.

The County Governments Act, 2012

128Dissolution of the Interim County Management Board.

FIRST SCHEDULE - OATHS OF OFFICE

The County Governments Act, 2012

THE COUNTY GOVERNMENTS ACT, 2012

AN ACT of Parliament to give effect to Chapter Eleven of the

authorized officer includes

the holder of the office of county chief officer in

in case of a department that is not assigned or

The County Governments Act, 2012

under direct administration of a county chief

any other public officer appointed by the County

Cabinet Secretary means the Cabinet Secretary

appointment, secondment, deployment, promotion

retention in employment as a public officer; or

remunerative, retirement and other benefits;

Constitution means the Constitution of Kenya, 2010;

The County Governments Act, 2012

county assembly member means a member elected or

The County Governments Act, 2012

deputy governor means a person nominated by the

the abilities, qualifications and personal qualities

the persons potential for development;

outcome indicator means an indicator that measures

The County Governments Act, 2012

or projects of a county government;

The County Governments Act, 2012

the centralisation at a county or other level of

partnerships between counties, a county or

speaker means the speaker of a county assembly elected

the residents of a particular county;

the rate payers of a particular city or municipality;

any resident civic organisation or nongovernmental, private sector or labour

non-resident persons who because of their

urban area means an area designated as such under

The County Governments Act, 2012

and any other relevant law; and

The object and purpose of this Act is to

provide for matters necessary or convenient to

give effect to the objects and principles of

give effect to Article 176 (2) of the Constitution

provide for the removal from office of the

provide for public participation in the conduct of

seek to ensure that the community and cultural

prescribe mechanisms to protect minorities

The County Governments Act, 2012