Section 43 of County Governments Act: 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 government is a party other than in criminal proceedings.
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- 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...
- Section 78 - Resignation, retirement, etc.
(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...
- Section 79 - Grounds for retirement
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...
- Section 80 - Prescription of retirement on age
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.
- Section 81 - Retirement on the ground of ill health
(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...
- Section 82 - Retirement on grounds of abolition of office
(1) If more than one county public officers, holding similar public offices are tobe retired on the ground of abolition of office but one or more public officers is to remain in office, the concerned...
- Section 83 - Retirement on grounds of public interest
(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...
- Section 84 - Retirement pursuant to agreement or special retirement scheme
(1) The County Public Service Board may retire a public officer if—
(a) the officer’s contractual terms and conditions of service provide for a special retirement clause and has fallen due;...
- Section 85 - Entitlement to apply for review
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...
- Section 86 - Delegation by County Public Service Board
(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, sub-county or Ward administrator,...
- Section 87 - Principles of citizen participation in counties
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...
- Section 88 - Citizens right to petition and challenge
(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...
- Section 89 - Duty to respond to citizens’ petitions or challenges
County government authorities, agencies and agents have a duty to respond expeditiously to petitions and challenges from citizens.
- Section 90 - Matters subject to local referenda
(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...
- Section 91 - Establishment of modalities and 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...
- Section 91A - Establishment of County Development Boards
(1) There is established, for each county, a board to be known as the County Development Board, consisting of the following persons—
(a) the member of the Senate for the county elected under Article...
- Section 91B - Operational expenses
The operational expenses in respect of the County Development Board shall be provided for in the annual estimates of the revenue and expenditure of the respective county government.