Section 27 of County Governments Act: Recall of a county assembly member
(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;
(c) is convicted of an offence under the Elections Act (No. 24 of 2011).
(3) A recall of a member of the county assembly under subsection (1) shall onlybe 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 afterthe 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.
(6) A person who unsuccessfully contested an election under the Elections Act(No. 24 of 2011) shall not be eligible, directly or indirectly, to initiate a petition under this section.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- Section 28 - Petition for recall
(1) A recall under section 27 shall be initiated by a petition which shall be file with the Independent Electoral and Boundaries Commission and which shall be—
(a) in writing;
(b) signed by a...
- Section 29 - Recall elections
(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...
- Section 30 - Functions and responsibilities of a county governor
(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...
- Section 31 - Powers of the governor
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...
- Section 32 - Functions of the deputy governor
(1) The deputy governor shall take and subscribe to the oath or affirmation asset out in the First Schedule to this Act before assuming office.
(2) The deputy governor shall deputize for the governor...
- Section 33 - Removal of a governor
(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...
- Section 34 - Exercise of executive authority
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...
- Section 35 - Appointment of county executive members
(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...
- Section 36 - Functions of the executive committee
(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...
- Section 37 - Role of the executive committee in urban area or city planning
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...
- Section 38 - Oath of office for the executive committee
A person appointed as a member of the county executive committee under Article 179 of the Constitution shall take the prescribed oath or affirmation of office provided in the First Schedule to this...
- Section 39 - Accountability of members of the executive committee
(1) The members of the county executive committee are individually and collectively accountable to the governor in the exercise of their powers and performance of their duties and...
- Section 40 - Removal of member of executive committee
(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...
- Section 41 - Meetings of the county executive committee
(1) The deliberations of all meetings of the county executive committee shallbe recorded in writing.
(2) The quorum of a meeting of a county executive committee shall be more than one half of its...
- Section 42 - County executive to remain in office after elections
(1) When a general election is held for a county government, the outgoing county executive committee shall remain in office until a new county executive committee is constituted after the...
- Section 43 - Representation of county government by Attorney-General in court
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...
- Section 44 - Appointment of county secretary
(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...
- Section 45 - Appointment of county chief officers
(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...
- Section 46 - County executive committee to determine organisation of county
(1) The county executive committee shall determine the organization of the county and its various departments, and for that purpose may—
(a) establish, continue or vary any department, and determine...
- Section 47 - Performance management plan
(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...
- Section 48 - Decentralized units
(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...
- Section 49 - Urban areas and cities structures
The structures and functions of urban areas and cities shall be as is provided for in the Urban Areas and Cities Act (No. 13 of 2011).
- Section 50 - Office of the sub-county administrator
(1) There shall be established at the level of each sub-county the office of the sub-county administrator.
(2) The sub-county administrator shall have qualifications and knowledge in administration...
- Section 51 - Establishment of the office of Ward administrator
(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...
- Section 52 - Establishment of the office of village administrator
(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...
- Section 53 - Village council
(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...
- Section 54 - Structures of decentralization
(1) There shall be such further structures of decentralization as may be providedfor in county legislation.
(2) There shall be, for every county, a consultative forum for the co-ordination of...
- Section 55 - Objectives
The objectives of this Part are to—
(a) 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...
- Section 56 - County to have county public service
(1) Each county shall, in accordance with Article 235 of the Constitution, haveits own public service to be known as county public service.
(2) The county public service shall be headed by a county...
- Section 57 - Establishment of the County Public Service Board
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...
- Section 58 - Composition of the County Public Service Board
(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...
- Section 59 - Functions and powers of a County Public Service Board
(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...
- Section 60 - Criteria for establishment of public offices, etc.
(1) The County Public Service Board shall establish a public office within the county public service if it is satisfied that—
(a) the establishment of the public office shall serve public interest in...
- Section 61 - Criteria for abolition of public offices
(1) The County Public Service Board shall abolish a public office when it issatisfied that—
(a) the abolition of the public office shall serve the public interest in view of the core functions of the...
- Section 62 - Powers of the County Public Service Board to establish or abolish office
(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...
- Section 63 - Powers of the County Public Service Board to make appointments
(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...
- Section 64 - No unqualified person may be appointed in acting capacity
(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...
- Section 65 - Matters to take into account during appointments, etc.
(1) In selecting candidates for appointment, the County Public Service Boardshall consider—
(a) the standards, values and principles set out in Articles 10, 27(4), 56(c) and 232(1) of the...
- Section 66 - Advertisements of positions to be widely publicised
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...
- Section 67 - Appointments to be in writing
No appointment or assignment of a duty in a county public service shall be valid unless it is evidenced in writing.
- Section 68 - Board to maintain records of applicants
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...
- Section 69 - Re-designation of officers
(1) In selecting public officers for re-designation, the criteria for appointment asprescribed under this Part shall apply.
(2) A public officer shall not be re-designated to hold or act in a public...
- Section 70 - Provisions on appointments to apply to promotions
(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...
- Section 71 - Confirmation of appointment on lapse of period
(1) If the relevant authority fails to confirm an appointment of a public officerinitially appointed on probationary terms, and the term has lapsed with or without an extension, the officer shall...
- Section 72 - Power to deploy public officers
(1) The power to deploy a county public officer within a department shall vestin the relevant county chief officer.
(2) The power to deploy a county public officer from one department to another...
- Section 73 - Secondments
(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...
- Section 74 - County Public Service Board to regulate appointment of persons on contract
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....
- Section 75 - Action on irregularity of process
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...
- Section 76 - Prohibition of punishment contrary to the Constitution
(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...
- Section 77 - Appeals to the Public Service Commission
(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...