The Constitution At Article 6 Declares That The Territory Of Kenya Is Divided Into The Counties Specified In The First Schedule. The counties are;
Part 2 Of The Fourth Schedule To The Constitution Of Kenya outlines The Areas Where The County Can Exercise Its jurisdiction namely;
MEMBERS OF THE COUNTY ASSEMBLY (MCA)
Provided For Under Sec 9 Of The County Government Act 2012.
(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.
Sec 30 (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 Of The County Executive Committee;
(i) By A Decision Notified In The County Gazette, 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.
SPEAKER OF THE COUNTY ASSEMBLY
The Office Of The Speaker Draws Its Mandate Primarily From Article 178 Of The Constitution Which Establishes The Speaker As The Head Of The County Assembly Responsible For Presiding Over The County Assembly.
The Office Of The Speaker Also Draws Its Mandate From County Government Act And The Standing Orders Which Spell Out Others Duties Which The Speaker Performs To Include;
LAW MAKING PROCESS
It Is Provided For Under Section 21 – 25 Of The County Governments Act 2012.
- Sec 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—
(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.
- Sec 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.
- Sec 23. A Bill Shall Be Published By Including The Bill As A Supplement In The County Gazette And The Kenya Gazette.
- Sec 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 Governor’s 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.
- Sec 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.
Sec 87 – 92 Of The County Government Act 2012 Provides For This As Follows:
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 Concerted Action On Sustainable Development; And
(g) Recognition And Promotion Of The Reciprocal Roles Of Non-state Actors’ Participation And Governmental Facilitation And Oversight.
(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.
The County Government Shall Facilitate The Establishment Of Structures For Citizen Participation Including—
(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.
BUDGET MAKING PROCESS
(1)The Funds And Financial Management Of County Governments Shall Be As Provided Under The Law Relating To Public Finance.
(2)The Procedure Of Budgeting, Borrowing Powers And Grants Management Shall Be As Provided In The Law Relating To Public Finance.
- Section 125 Of The Public Finance Management Act No 18 Of 2012 States That:
(1) The Budget Process For County Governments In Any Financial Year Shall Consist Of The Following Stages—
(a) Integrated Development Planning Process Which Shall Include Both Long Term And Medium Term Planning;
(b) Planning And Establishing Financial And Economic Priorities For The County Over The Medium Term;
(c) Making An Overall Estimation Of The County Government's Revenues And Expenditures;
(d) Adoption Of County Fiscal Strategy Paper;
(e) Preparing Budget Estimates For The County Government And Submitting Estimates To The County Assembly;
(f) Approving Of The Estimates By The County Assembly;
(g) Enacting An Appropriation Law And Any Other Laws Required To Implement The County Government's Budget;
(h) Implementing The County Government's Budget; And
(i) Accounting For, And Evaluating, The County Government's Budgeted Revenues And Expenditures.
(1) Each Year When The Budget Policy Statement Is Introduced, The Cabinet Secretary Shall Submit To Parliament A Division Of Revenue Bill And County Allocation Of Revenue Bill
prepared By The National Treasury As Provided In This Act For The Financial Year To Which That Budget Relates.
(2) The Division Of Revenue Bill Shall Specify The Share Of Each Level Of Government Of The Revenue Raised Nationally For The Relevan Financial Year.
(3) The County Allocation Of Revenue Bill Shall Specify—
(a) Each County's Share Of That Revenue Under Subsection (2);and
(b) Any Other Allocations To The Counties, From The National Government's Share Of That Revenue, And Any Conditions On Which Those Allocations Shall Be Made.
(4) Before The Submission Of The Division Of Revenue Bill And County Allocation Of Revenue Bill, The Cabinet Secretary Shall Notify—
(a) The Intergovernmental Budget And Economic Council; And
(b) The Commission On Revenue Allocation.
(5) When The Division Of Revenue Bill Or County Allocation Of Revenue Bill Is Submitted, It Shall Be Accompanied By A Memorandum Which Explains—
(a) How The Bill Takes Into Account The Criteria Listed In Article 203 (1) Of The Constitution;
(b) The Extent Of The Deviation From The Commission On Revenue Allocation's Recommendations;
(c) The Extent, If Any, Of Deviation From The Recommendations Of The Intergovernmental Budget And Economic Council; And
(d) Any Assumptions And Formulae Used In Arriving At The Respective Shares Mentioned In Subsections (2) And (3).
FUNDS FOR MARGINALISED COUNTIES
Article 260 Defines Marginalised Communities As:
(a) A Community That, Because Of Its Relatively Small Population Or For Any Other Reason, Has Been Unable To Fully Participate In The Integrated Social And Economic Life Of Kenya As A Whole;
(b) A Traditional Community That, Out Of A Need Or Desire To Preserve Its Unique Culture And Identity From Assimilation, Has Remained Outside The Integrated Social And Economic Life Of Kenya As A Whole;
(c) An Indigenous Community That Has Retained And Maintained A Traditional Lifestyle And Livelihood Based On A Hunter Or Gatherer Economy; Or
(d) Pastoral Persons And Communities, Whether They Are—
(i) Nomadic; Or
(ii) A Settled Community That, Because Of Its Relative Geographic Isolation, Has Experienced Only Marginal Participation In The Integrated Social And Economic Life Of
Kenya As A Whole.
Article 204 Sets Up Several Legal Requirements For Use Of The Money In The Equalisation Fund:
(1) There Is Established An Equalisation Fund Into Which Shall Be Paid One Half Per Cent Of All The Revenue Collected By The National Government Each Year Calculated On The Basis Of The Most Recent Audited Accounts Of Revenue Received, As Approved By The National Assembly.
(2) The National Government Shall Use The Equalisation Fund Only To Provide Basic Services Including Water, Roads, Health Facilities And Electricity To Marginalised Areas To the Extent Necessary To Bring The Quality Of Those Services In Those Areas To The Level Generally Enjoyed By The Rest Of The Nation, So Far As Possible.
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