- Section 1 of County Governments Act: Short title and commencement
This Act may be cited as the County Governments Act, 2012 and shall come into operation upon the final announcement of the results of the first elections under the Constitution.
- Section 2 of County Governments Act: Interpretation
In this Act, unless the context otherwise requires—
“analysis of functions” means processes of and mechanisms for, reviewing and reassigning powers and competencies between the national government and county governments in accordance with the provisions of the Constitution generally and in...
- Section 3 of County Governments Act: Object and purpose of the Act
The object and purpose of this Act is to—
(a) provide for matters necessary or convenient to give effect to Chapter
Eleven of the Constitution pursuant to Article 200 of the Constitution;
(b) give effect to the objects and principles of devolution as set out in Articles 174 and 175 of the...
- Section 4 of County Governments Act: County symbols
(1) Every county shall enact legislation prescribing the following countysymbols—
(a) the county flag; (b) county coat of arms; and
(c) the county public seal.
(2) The County Executive Committee shall develop the symbols of the countythrough a consultative process for approval by the county...
- Section 5 of County Governments Act: Functions of county governments
(1) A county government shall be responsible for any function assigned to itunder the Constitution or by an Act of Parliament.
(2) Without prejudice to the generality of subsection (1), a county governmentshall be responsible for—
(a) county legislation in accordance with Article 185 of the...
- Section 6 of County Governments Act: Powers of county governments
(1) As an entity exercising constitutional authority, a county government shall be a body corporate with perpetual succession and shall have all the powers necessary for the discharge of its functions.
(2) Without prejudice to the generality of subsection (1), a county government may—
(a) enter...
- Section 6A of County Governments Act: Location of county governments
(1) Each of the county governments shall be located in the respective physical location set out in the Third Schedule.
(2) A County Assembly may, by a resolution supported by at least two-thirds of the members of the County Assembly and with the approval of Parliament, transfer the headquarters of...
- Section 7 of County Governments Act: Membership of the county assembly
(1) In addition to the members who are elected under Article 177(a), and thosewho are nominated under Article 177(b) of the Constitution, a county assembly shall comprise—
(a) six nominated members as contemplated in Article 177(c) of the Constitution; and
(b) the speaker, who is an ex officio...
- Section 7A of County Governments Act: County Assemblies to be duly constituted at first sitting
(1) A county assembly shall not be fully and duly constituted for first sitting after a general election unless all the members provided for under paragraph (b) and (c) of Article 177(1) of the Constitution have been duly nominated and names published in the Gazette.
(2) Sub-section (1) shall not...
- Section 8 of County Governments Act: Role of the county assembly
(1) The county assembly shall—
(a) vet and approve nominees for appointment to county public offices as may be provided for in this Act or any other law;
(b) perform the roles set out under Article 185 of the Constitution;
(c) approve the budget and expenditure of the county government in...
- Section 9 of County Governments Act: Role of members of the county assembly
(1) A member of a county assembly shall—
(a) maintain close contact with the electorate and consult them on issues before or under discussion in the county assembly;
(b) present views, opinions and proposals of the electorate to the county assembly;
(c) attend sessions of the county assembly and...
- Section 10 of County Governments Act: County assembly party leaders
(1) There shall be in each county assembly a leader of the majority party anda leader of the minority party.
(2) The leader of the majority party shall be the person who is the leader of the largest party or coalition of parties in the county assembly.
(3) The leader of the minority party shall be...
- Section 11 of County Governments Act: Removal of speaker from office
(1) A speaker of a county assembly may be removed from office by the county assembly through a resolution supported by not less than seventy five percent of all the members of the county assembly.
(2) A notice of the intention to move a motion for a resolution to remove the speaker shall be given...
- Section 12 of County Governments Act: The county assembly service board
(1) There shall be a county assembly service board for each county assembly.
(2) The county assembly service board shall be a body corporate with perpetual succession and a common seal.
(3) The Board consists of—
(a) the Speaker of the county assembly, as the chairperson;
(b) a vice-chairperson...
- Section 13 of County Governments Act: Clerk and staff of the county assembly
(1) There shall be a clerk of the county assembly, appointed by the county assembly service board with the approval of the county assembly.
(2) A person shall not be qualified for appointment as a clerk of the county assembly unless such person—
(a) is a citizen of Kenya;
(b) holds a degree from...
- Section 14 of County Governments Act: Procedure and committees of the county assembly
(1) A county assembly—
(a) may make standing orders consistent with the Constitution and this Act regulating the procedure of the county assembly including, in particular, orders for the proper conduct of proceedings; and
(b) subject to standing orders made under paragraph (a), may establish...
- Section 15 of County Governments Act: Right to petition county assembly
(1) A person has a right to petition a county assembly to consider any matter within its authority, including enacting, amending or repealing any of its legislation.
(2) Each county assembly shall prescribe a procedure for exercising the right under subsection (1).
- Section 16 of County Governments Act: Freedom of speech and debate
No civil or criminal proceedings may be instituted in any court or tribunal against a member of a county assembly by reason of any matter said in any debate, petition, motion or other proceedings of the county assembly.
- Section 17 of County Governments Act: Powers, privileges and immunities of a county assembly
The national law regulating the powers and privileges of Parliament shall, with the necessary modifications, apply to a county assembly.
- Section 18 of County Governments Act: Official languages of a county assembly
(1) The official languages of a county assembly shall be Kiswahili, English and Kenyan sign language and the business of the county assembly may be conducted in English, Kiswahili and Kenyan sign language.
(2) No business of the county assembly or any of its committees or other organsmay be...
- Section 19 of County Governments Act: Quorum
The quorum of a county assembly is one third of all the members of the county assembly.
- Section 20 of County Governments Act: Voting in a county assembly
(1) Except as otherwise provided in the Constitution, in this Act or in other legislation, any question proposed for decision by the county assembly shall be determined by a majority of the members of the county assembly present and voting.
(2) On a question proposed for decision by a county...
- Section 21 of County Governments Act: Procedure for the exercise of legislative powers
(1) A county assembly shall exercise its legislative power through Bills passed by the county assembly and assented to by the governor.
(2) A Bill may be introduced by any member or committee of the county assembly, but a money Bill may be introduced only in accordance with subsection (4).
(3) In...
- Section 22 of County Governments Act: Bill to have a title
A Bill introduced in the county assembly shall be identified by a title placed at the beginning of the Bill and the title shall include the subject matter of the statute to be enacted.
- Section 23 of County Governments Act: Publication of a Bill
A Bill shall be published by including the Bill as a supplement in the county Gazette and the Kenya Gazette.
- Section 24 of County Governments Act: Assenting to a Bill
(1) The Speaker shall, within fourteen days, forward a Bill passed by the county assembly to the governor.
(2) The governor shall within fourteen days after receipt of a Bill—
(a) assent to the Bill; or
(b) refer the bill back to the county assembly with a memorandum outlining reasons for the...
- Section 25 of County Governments Act: Coming into force of a law
(1) A legislation passed by the county assembly and assented to by the governor shall be published in the county Gazette and Kenya Gazette within seven days after assent.
(2) Subject to subsection (3), the county assembly legislation shall come intoforce on the fourteenth day after its publication...
- Section 26 of County Governments Act: Number and delimitation of electoral Wards, etc.
(1) There shall be not more than one thousand four hundred and fifty electoral Wards for purposes of the election of county assembly members.
(2) For purposes of the first general elections under the Constitution, the Independent Electoral and Boundaries Commission (in this Part referred to as the...
- 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...
- Section 28 of County Governments Act: 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 petitioner who—
(i) is a voter in the Ward in respect of which the recall is sought; and
(ii) was...