Section 121 of County Governments Act: 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 functions.
(2) Without prejudice to the generality of subsection (1), the ministry or government department shall—
(a) on its own initiative or on request by a county government or group of persons, assess the performance of a county government with a view to determine its support requirements;
(b) make a report on the assessment made under paragraph (a) and the capacity needs of the county governments;
(c) in consultation with the relevant county government, conduct research or inquiries to determine the extent of its support requirements;
(d) where necessary assess and value the requirements of the county for the cabinet secretary to take the relevant measures towards providing support;
(e) collect information on county performance and on best practices in resolving performance problems;
(f) assist county governments to identify the causes of their performance problems, and potential solutions to the problems;
(g) where circumstances indicate that the county is unable or has difficulty in performing its functions, prepare clear and practical measures and recovery plan to build the capacity of the county to enable it to effectively perform its functions;
(h) in collaboration with the relevant county secretary consult with the cabinet secretary for finance on any matter of support relating to finance;
(i) consult with the relevant county assembly on the findings of the report made under paragraph (b) and the recommendations under paragraph (f) and jointly adopt an implementation plan; and
(j) with the approval of the secretary, obtain the services of any financial expert to perform any specific work for the service.
(3) The report made under subsection (2) shall give full and clear details of inability of the county to function and cover all aspects that hinder the county from undertaking its functions.
(4) Where after receiving the report under subsection (1) the cabinet secretary is of the view that it is necessary for the national government to intervene and perform the relevant functions, the Cabinet Secretary shall seek the approval of Parliament before assuming responsibility for the functions.
(5) The Cabinet Secretary shall give notice to the county government of the nature of intervention, the measures to be taken and the period required to rectify the problem.
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