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County Government Act

The Constitution At Article 6 Declares That The Territory Of Kenya Is Divided Into The Counties Specified In The First Schedule. The counties are;

  1. Mombasa
  2. Kwale
  3. Kilifi
  4. Tana River
  5. Lamu
  6. Taita/Taveta
  7. Garissa
  8. Wajir
  9. Mandera
  10. Marsabit
  11. Isiolo
  12. Meru
  13. Tharaka- Nithi
  14. Embu
  15. Kitui
  16. Machakos
  17. Makueni
  18. Nyandarua
  19. Nyeri
  20. Kirinyaga
  21. Murang’a
  22. Kiambu
  23. Turukana
  24. West Pokot
  25. Samburu
  26. Trans Nzoia
  27. Uasin Gishu
  28. Elgeyo Marakwet
  29. Nandi
  30. Baringo
  31. Laikipia
  32. Nakuru
  33. Narok
  34. Kajiado
  35. Kericho
  36. Bomet
  37. Kakamega
  38. Vihiga
  39. Bungoma
  40. Busia
  41. Siaya
  42. Kisumu
  43. Homa Bay
  44. Migori
  45. Kisii
  46. Nyamira
  47. Nairobi City

Part 2 Of The Fourth Schedule To The Constitution Of Kenya outlines The Areas Where The County Can Exercise Its jurisdiction namely;

  1.  Agriculture, Including:
    1. Crop And Animal Husbandry;
    2. Livestock Sale Yards;
    3. County Abattoirs;
    4. Plant And Animal Disease Control; And
    5. Fisheries.
  2. County Health Services, Including, In Particular—
    1. County Health Facilities And Pharmacies;
    2. Ambulance Services;
    3. Promotion Of Primary Health Care;
    4. Licensing And Control Of Undertakings That Sell Food To The Public;
    5. Veterinary Services (excluding Regulation Of The Profession);
    6. Cemeteries, Funeral Parlours And Crematoria; And
    7. Refuse Removal, Refuse Dumps And Solid Waste Disposal.
  3. Control Of Air Pollution, Noise Pollution, Other Public Nuisances And Outdoor Advertising.
  4. Cultural Activities, Public Entertainment And Public Amenities, Including—
    1. Betting, Casinos And Other Forms Of Gambling;
    2. Racing;
    3. Liquor Licensing;
    4. Cinemas;
    5. Video Shows And Hiring;
    6. Libraries;
    7. Museums;
    8. Sports And Cultural Activities And Facilities; And
    9. County Parks, Beaches And Recreation Facilities.
  5. County Transport, Including—
    1. County Roads;
    2. Street Lighting;
    3. Traffic And Parking;
    4. Public Road Transport; And
    5. Ferries And Harbours, Excluding The Regulation Of International And National Shipping And Matters Related Thereto.
  6. Animal Control And Welfare, Including—
    1. Licensing Of Dogs; And
    2. Facilities For The Accommodation, Care And Burial Of Animals.
  7. Trade Development And Regulation, Including—
    1. Markets;
    2. Trade Licences (excluding Regulation Of Professions);
    3. Fair Trading Practices;
    4. Local Tourism; And
    5. Cooperative Societies.
  8. County Planning And Development, Including—
    1. Statistics;
    2. Land Survey And Mapping;
    3. Boundaries And Fencing;
    4. Housing; And
    5. Electricity And Gas Reticulation And Energy Regulation.
  9. Pre-primary Education, Village Polytechnics, Homecraft Centres And Childcare Facilities.
  10. Implementation Of Specific National Government Policies On Natural Resources And Environmental Conservation, Including—
    1. Soil And Water Conservation; And
    2. Forestry.
  11. County Public Works And Services, Including—
    1. Storm Water Management Systems In Built-up Areas; And
    2. Water And Sanitation Services.
  12. Fire Fighting Services And Disaster Management.
  13. Control Of Drugs And Pornography.
  14. Ensuring And Coordinating The Participation Of Communities And Locations In Governance At The Local Level And Assisting Communities And Locations To Develop The Administrative Capacity For The Effective Exercise Of The Functions And Powers And Participation In Governance At The Local Level.

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.

GOVERNOR

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;

  • Presiding Over And Guiding The Sittings Of The County Assembly (Article 178(2) Of The Constitution) According To The Provisions Of The Standing Orders And In A Fair And Judicial Manner.
  • Convene A Regular Session Of The County Assembly As Specified In The Assembly Calendar.
  • Chair The County Assembly Service Board (Section 12(3)a Of The County Government Act).
  • Chair The County Assembly Business Committee. (Standing Orders) Coordinating The Development Of The Assembly Programme.
  • Forwarding Of Bills Passed By The County Assembly To The Governor For Assent (Section 24 Of The County Government Act).
  • On A Resolution Being Made To Impeach The Governor, Communicate To The Speaker Of The Senate On The Same.
  • Take Personal Responsibility For The Reasonable Foreseeable Consequences Of Any Actions Or Omissions Arising From The Discharge Of The Duties Of The Office. (Leadership And Integrity Act).
  • On Suspension Of The County Government, Cause A Motion For The Suspension Of The County Government To Be Laid Before The Senate.
  • Generally, The Link Between The County Assembly And National Assembly/Senate.
  • During The Life Of The County Assembly, Administer Oath Or Affirmation Of Allegiance Of A Newly Elected Or Nominated Member With The Assistance Of The Clerk.
  • Issue Orders For The Better Carrying Out Of The County Assembly For Authentication By The Clerk.
  • Issues Directions To Regulate The Conduct Of Members Whilst In The Precincts Of The County Assembly.
  • Approves Notice Of Motion To Be Tabled Before The Assembly And Determining When Bills Are Debated And Voted On.
  • Puts Questions/ Propose Question.
  • Recognizing And Calling Out Members To Speak On The Assembly Floor During Debates.
  • Giving Rulings In The Assembly About House Procedures And Also Deciding On Matters Not Provided For In The County Assembly Of Nyeri Standing Order Based On The Constitution Of Kenya, Statute Law And The Usages, Forms, Precedents, Customs, Procedures And Traditions Of The County Assembly Of Kenya And Other Jurisdictions To The Extent That These Are Applicable To Kenya.
  • Maintaining Order In The County Assembly And In The Committee Of The Whole County Assembly.
  • Preserving Order And Decorum Within The Assembly, Public Gallery And Press Gallery.
  • Appoint A Day When It Is Necessary To Hold A Special Sitting And Notify All Members Of The County Assembly Of The Place, Date And Time Appointed For The Special Sitting.
  • Report On Messages From The Senate Or Governor To The County Assembly.
  • In The Case Where The County Appropriation Bill For A Financial Year Has Not Been Assented To By The Beginning Of A Financial Year, The County Assembly May Authorize The Withdrawal Of Money From The County Revenue Fund. The Authorization To Withdraw From County Revenue Fund Should Be Communicated To The CEC Finance By The Speaker.
  • In Cases Where A Member Raises Doubt As To The Content Of The Verbatim Record Of The County Assembly, The Speaker Is Responsible For Making A Determination.
  • Direct Any Matter Which In His Opinion Is Secret Or Purely Personal To Be Excluded From The Journals Of The County Assembly And From The Verbatim Report Of The Proceedings Of The County Assembly.
  • Review The Verbatim Reports Of All Proceedings Of The County Assembly And Approve The Same For Publishing In The County Assembly Website

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—

(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.

- 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.

CITIZEN PARTICIPATION

Sec 87 – 92 Of The County Government Act 2012 Provides For This As Follows:

  • Sec 87 – Principles Of Citizen Participation

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.

  • Sec 88 – Citizen’s Right To Petition

(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.

  • Sec 91 – Establishment Of Platforms For Citizen Participation

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.

  • GOVERNOR
  • DEPUTY GOVERNOR   
  • COUNTY EXECUTIVE MEMBERS       
  • COUNTY SECRETARY        
  • COUNTY CHIEF

BUDGET MAKING PROCESS

  • Section 131 Of The County Governments Act, 2012 States:

(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. REVENUE ALLOCATION
  • Section 191 Of The Public Finance Act No 18 Of 2012 Provides That:

(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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