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Section 40 of County Governments Act: 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 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).
(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) the governor shall dismiss the county executive committee member.

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Disclaimer: This document is not to be taken as legal advise.

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