Section 84 of County Governments Act: 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; or
(b) the officer is required or is willing to voluntarily retire in accordance with the terms and conditions prescribed in a special retirement scheme.
(2) Except in cases of voluntary retirement or retirement in accordance with contractual terms and conditions, a public officer shall not be retired under this section unless the County Public Service Board or other lawful authority has accorded the officer a reasonable opportunity to make representations on the intended retirement.
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- 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.
- Section 91C - Offence of obstructing or hindering the County Development Board
Any person who knowingly and unlawfully obstructs, hinders, undermines or prevents the County Development Board from discharging its functions under this Act commits an offence and is liable, on...
- Section 92 - Part to apply to decentralized units
(1) The provisions of this Part shall apply with necessary modifications to all decentralized units of the county.
(2) The governor shall submit an annual report to the county assembly on citizen...
- Section 93 - Principles of public communication
Public communication and access to information shall be based on the following principles—
(a) integration of communication in all development activities;
(b) observation of access to information by...
- Section 94 - Objectives of county communication
A County government shall use the media to—
(a) create awareness on devolution and governance;
(b) promote citizens understanding for purposes of peace and national cohesion;
(c) undertake advocacy...
- Section 95 - County communication framework
(1) A County government shall establish mechanisms to facilitate public communication and access to information in the form of media with the widest public outreach in the county, which may...
- Section 96 - Access to information
(1) Every Kenyan citizen shall on request have access to information held by any county government or any unit or department thereof or any other State organ in accordance with Article 35 of the...
- Section 97 - Inclusion and integration of minorities and marginalized groups
A county government, public and private organisation and private individual, shall observe the following principles—
(a) protection of marginalized and minority groups from discrimination and from...
- Section 98 - Principles of civic education
(1) The principles of civic education are intended to promote—
(a) empowerment and enlightenment of citizens and government; (b) continual and systemic engagement of citizens and government;...
- Section 99 - Purpose and objectives of civic education
(1) The purpose of civic education under this Act is to have an informed citizenry that actively participates in governance affairs of the society on the basis of enhanced knowledge, understanding and...
- Section 100 - Design and implementation of civic education
(1) Subject to subsection (2), each county shall implement an appropriate civic education programme and establish a civic education unit in this regard.
(2) For purposes of subsection (1), there...
- Section 101 - Institutional framework for civic education
Subject to section 100, County legislation shall provide the requisite institutional framework for purposes of facilitating and implementing civic education programmes under this Part.
- Section 102 - Principles of planning and development facilitation
The principles of planning and development facilitation in a county shall—
(a) integrate national values in all processes and concepts;
(b) protect the right to self-fulfilment within the county...
- Section 103 - Objectives of county planning
The objectives of county planning shall be to—
(a) ensure harmony between national, county and sub-county spatial planning requirements;
(b) facilitate the development of a well-balanced system of...
- Section 104 - Obligation to plan by the county
(1) A county government shall plan for the county and no public funds shall be appropriated outside a planning framework developed by the county executive committee and approved by the county...
- Section 105 - Planning in the county
(1) A county planning unit shall be responsible for—
(a) coordinating integrated development planning within the county;
(b) ensuring integrated planning within the county;
(c) ensuring linkages...
- Section 106 - Integrating national and county planning
(1) Cooperation in planning shall be undertaken in the context of the law governing inter-governmental relations.
(2) County plans shall be based on the functions of the county governments as...
- Section 107 - Types and purposes of county plans
(1) To guide, harmonize and facilitate development within each county there shall be the following plans—
(a) county integrated development plan;
(b) county sectoral plans;
(c) county spatial plan;...
- Section 108 - County integrated development plan
(1) There shall be a five year county integrated development plan for each county which shall have—
(a) clear goals and objectives;
(b) an implementation plan with clear outcomes; (c) provisions for...
- Section 109 - County sectoral plans
(1) A County department shall develop a ten year county sectoral plan as component parts of the county integrated development plan.
(2) The County sectoral plans shall be—
(a) programme...
- Section 110 - County spatial plans
(1) There shall be a ten year county GIS based database system spatial plan foreach county, which shall be a component part of the county integrated development plan providing—
(a) a spatial...
- Section 111 - City or municipal plans
(1) For each city and municipality there shall be the following plans—
(a) city or municipal land use plans;
(b) city or municipal building and zoning plans; (c) city or urban area building and...
- Section 112 - Amending county integrated development plans
(1) A county executive committee may by a resolution, introduce a proposal to amend the county’s integrated development plan.
(2) A proposed amendment under subsection (1) to a county’s...
- Section 113 - Giving effect to the county integrated development plan
(1) A county’s integrated development plan shall—
(a) inform the county’s budget which shall be based on the annual development priorities and objectives referred to in section 103 of this
Act and...
- Section 114 - Planning for nationally significant projects in a county
(1) Development of nationally significant development projects within counties shall be preceded by mandatory public hearings in each of the affected counties.
(2) Projects under subsection (1)...
- Section 115 - Public participation in county planning
(1) Public participation in the county planning processes shall be mandatory and be facilitated through—
(a) mechanisms provided for in Part VIII of this Act; and
(b) provision to the public of...
- Section 116 - Principles of public services delivery in the county
(1) A county government and its agencies shall have an obligation to deliver services within its designated area of jurisdiction.
(2) A county shall deliver services while observing the principles of...
- Section 117 - Standards and norms for public service delivery
(1) A county government and its agencies shall in delivering public services—
(a) give priority to the basic needs of the public;
(aa) Notwithstanding subsection (1), a county government or any...
- Section 118 - Shared services
(1) A county government may enter into an agreement with the national government, another county or an agency of the national government, to provide or receive any service that each county...
- Section 119 - Citizen’s Service Centre
(1) A county executive committee shall establish a Citizens’ Service Centre at—
(a) the county;
(b) the sub-county;
(c) the Ward; and
(d) any other decentralized level.
(2) A Citizens’ Service...
- Section 120 - Tariffs and pricing of public services
(1) A county government or any agency delivering services in the county shall adopt and implement a tariffs and pricing policy for the provision of public services.
(1A) Notwithstanding subsection...
- Section 121 - Support to county governments
(1) The ministry or government department responsible for matters relating to intergovernmental relations shall provide support to county governments to enable them to perform their...
- Section 122 - Grounds for suspension arising from conflict or war The
President may suspend a county government—
(a) in an emergency arising out of internal conflict or war; or (b) in any other exceptional circumstances.
- Section 123 - Suspension of county government in exceptional circumstances
(1) Subject to subsection (2), a person may petition the President to suspend a county government in accordance with Article 192(1)(b) of the Constitution if the county government engages in actions...
- Section 124 - Prorogation of the county assembly
(1) During the period of suspension of a county government, the county assembly shall stand prorogued.
(2) During a period of suspension, the speaker and members of the county assembly shall remain...
- Section 125 - Suspension of the county executive committee
(1) During the period of suspension of a county government, the functions of the county executive committee shall be suspended and its functions shall be undertaken by an interim county management...
- Section 126 - Establishment of the Interim County Management Board
(1) An Interim County Management Board for a suspended county government shall be appointed by the President by notice in the Gazette.
(2) The Interim County Management Board shall comprise—
(a) a...
- Section 127 - Functions of the Interim County Management Board
(1) The Interim County Management Board shall have all powers and functions vested in the county executive committee under the Constitution and under this Act for the performance of its functions and,...
- Section 128 - Dissolution of the Interim County Management Board
The President by notice in the Gazette shall dissolve an Interim County Management Board upon the new county government coming to office after holding elections pursuant to Article 192(6) of the...
- Section 129 - Termination of suspension
The suspension of a county government shall be terminated in the following ways—
(a) in the circumstances described in Article 192(4) and (5); or
(b) upon termination by the Senate by a resolution...
- Section 130 - County elections after suspension
(1) Elections for a suspended county shall be held within ninety days after the suspension.
(2) The Independent Electoral and Boundaries Commission shall cause elections of the governor and county...
- Section 131 - Financial provision
(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...