The County Governments Bill 2012 Kenya

8/2/2019 The County Governments Bill 2012 Kenya

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SPECIAL ISSUEKenya G azette Supplement No. I (Bills N

REPUBLIC OF KENYAK E N Y A G A Z E T T E S U P PL E M E N T

BILLS, 2012NAIR OB I, 18th January, 2012

CONTENT

Bill for Introduction into the National AssemblyPAGE

The County Governments Bill, 2012PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER. NAIROBI


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THE COUNTY GO VERNM ENTS BILL, 2012A R R A N G E M E N T O F C L A U SE SClarice

P A R T I P R E L IMIN A R Y1Sbort title and comm encement.2Interpretation.3Ob ject and pu rpose of the Act.4County sym bols.

P A R T II C O U N T Y G O V E R N M E N T S5Functions of county governments.6Powers of county governments.

PART IIICOUNTY ASSEMBLY7Membership of the county assembly.8R ole of the county assembly.9Role of mem bers of the county assembly.10ounty assembly patty leaders.11R emoval of speaker from office.12County assembly clerk.13Procedure and comm ittees of the county assembly.14 R ight to petit ion county assembly..15Freedom of speech and debate.16Pow ers privileges and imnum ities of a county assembly.17011'ucial languages of a county assembly.1SQuorum.19V oting in a cooly assembly.


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2he County Governments Bill, 201220Procedure for the exercise of legislative powers.21 Introduction of a Bill.22Bill to have a title.23 Publication of a B ill.24 Distribution of and debating a B ill.25 Assenting to a Bill.26 Com ing into force of a law.

PART IVELECTORAL WARDS27 Num ber and delimitation of electoral W ards etc.28 Recall of a county assembly member.29 Petition for recall.30 Recall elections.

PART V COUNTY EXECUTIVE31 Functions and responsibilities of a governor.32 Powers of a governor.33 Functions of the deputy governor.

34 Removal of a governor.35 Exercise of executive authority.36 Appointment of county executive mem bers.37Functions of the executive committee.38 Role of executive com mittee in urbanarea or city planning.39 Oath of office for the executive committee.40 Accountability of mem bers of the executive comm ittee.41Removal of member of executive committee.42 M eetings of the county executive committee.


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The County Governments Bill, 201243 County executive to rem ain in office after elections.44 Appointment of county secretary.45 Appointment of county chief officers.46 County executive com mittee to determine organisation of county.47Performance management plan.

PART VI DECENTRALIZED UNITS48 Decentralized units.49 Urban areas and cities structures.50 Office of the sub-county adm inistrator.51 Establishment of the office of Ward ad ministrator.52 Further decentralization.

PART VII COUNTY PUBLIC SERVICE53Objectives.54 County to have county public service.55 Establishment of a County Pub lic Service Board.56 Com position of a County Public Service Board,57 Functions and powers of a County Public Service Board..58 Criteria for establishment o f public offices etc.59 Criteria for abolition of public offices.60 Powers of the Co unty Public ServW e Board to establish or abolish office.61Powers of the County Public Service Board to make appointment& ,62 No unq ualified person may be appointed in acting capacity.63Matters to take into account during app ointments, etc.64 Advertisements of positions to be widely publicised.


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4he County Governments Bil1,201265 Appointments to be in writing.66 Board to m aintain records of applicants.67 Re-designation of officers.68 Provisions on appointments to apply to promotions.69 Confirmation of appointment on lapse of period.70 Power to deploy pub lic officers.71Secondments .72County Public Service Board to regulate appointment of persons on

contract.73 Action on irregularity of process.74 Prohibition of pu nishment contrary to the C onstitution.75 Appeals to the Public Service Comm ission.76 Resignation, retirement, etc.77 Grounds for retirement.78 Prescription of retirement on age.79 Retirement on grounds of ill health.80 Retirement on grounds of abolition of o ffice.81 Retirement on grounds of public interest.82 Retirement pursuant to agreement or special retirement scheme.83 Entitlement to apply for review.84 Delegation by County Public Service Board.

PART VIII -- CITIZEN PARTICIPATION85Principles of citizen participation in counties.86Citizens right to petition and challenge.87 Duty to respond to citizen's petitions or challenges.


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The COUnly Governments MI. 201288 Ma tters subject to local referenda.89 Establishment of m odalities and platforms for90art to apply to decentralized units. n participation,PART IXPUBLICCOIVIRUNICATION AND ACCESS TOINFORMATION91 Principles of public comm unication.

92--ObjectiVes . cif county Comm unication93 County communication framework94 Access to information95 Inclusion and integration of m inorities and marginalized stoups

PART X CIVIC EDUCATION96 Principles of civic education,97 Purpose and objectives of civic education.98 Design and implemen tation of civic education.99--Institutional framewo rk for civic education.

PART XI COUNTY PLANNING100--Principles of planning and devalOpmen t facilitation.101 Objectives of county planning.102bligation to plan by M ow n*,103 Planning in the county.104 Integrating national and county planning.105Types and p urposes o ftottnty plans;I06County integrated development plan.


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6he County Governments Bill. 2012107County sectoral plans.108 County spatia l p lans.109 City or m unicipal p lans.110 Am ending county in tegrated development plans.111 G iving effect to the county integrated development plan.112 Planning for nationally significant projects in a county.113 Public participation in county planning.

PART XII DELIVERY OF COUNTY PUBLIC SERVICES114 Principles of public services delivery in the cou nty.115 Standards and norms for public service delivery.116 Shared services.117Citizen's Service Centre.118 Tariffs and pricing of public services.119 Support to county governments .

PART XIIIPROCED URE FOR SUSPENSION O F COUNTYGOVERNMENT12 0rounds for suspe nsion arising from conflict or wa r.121Suspension of county government in exceptional circumstances.122Prorogation of the county assembly.123uspension of the county executive comm ittee.124stablishm ent of the Interim Co unty Manag emen t Board.125 Functions of the Interim County M anagement Board.126D issolut ion of the Interim County M anagement Board.I27 Terminat ion of suspension.


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The County Government? Bill, 2012128County elections after suspension.PART XIVMISCELLANEOUS

129Financial provision.4130 PenMon schemes.

131 Protection against personal liability.132Repeal of Cap.265.133Regulations.

PART XV TRAN SITIONAL PROV ISIONS134 First sitting of the county assembly.135Facilitation of civic education.136Arrangements for public servants.SCHEDULE. - OATHS OF O FFICE


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8he County Governments Bills 2012THE COUNTY GO VERNMEN TS DILL, 2012A B ill forAN A CT of Parliament to give effect to Chapter Eleven of theConstitution; to provide for county govertintents'

powers, functions and responsibilities to deliverservices and for connected pu rposesENACTED by the Parliament of Kenya, as follows

Short title andcommencement.

Interpretation.

PART I PRELIMINARY1. This Act may be cited as the County GovernmentsAct, 2012 and shall come into operation upon the finalannouncement of the results of the first elections under theConstitution.

2. In this Act, unless the context othetwise requires "analysis of functions" means processes of, and

mechanisms for reviewing and reassigning powers andcompetencies between the national government and countygovernments in accordance with the provisions of theConstitution generally and in particular, the provisions of theFourth Schedule thereto;

"apex body" means the body established under the lawgoverning inter-governmental relations;

"appointment" includes an acting appointment,reappointment, promotion and re-designation;

"authorized office?" includes (a ) the holder of the office of county chief officer in

a county department; or(b ) in case of a department that is not assigned or


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The County Governments B ill, 2012under direct administration of a county chiefofficer, the head of that department; and

(c)ny other public officer appo inted by the CountyPublic Service Board to be an authorized officerwith respect to'a specified public body includ ing acity or urban area;"Cabinet Secretary" means the Cabinet Secretaryresponsible for matters relating to inter-governmental relations;"code of condu ct" means any w ritten standard issued bya lawful authority to guide the conduc t of any county pub licofficer or category of county public officers;"comp etencies" means pow ers given to a public authorityin respect of a specific activity w hich is key to en suring theprovision of a public service and includes powers of planning,regulating, setting standards, constructing, financing,managing, monitoring and evaluating, sanctioning orintervening in any way to ensure that a fimction is discharged;"conditions of service" include any criterion orcircumstance or factor for a person's --(a ) appointment, secondment, deployment, promotionor discipline with respect to a public.office;(b) retention in em ploym ent as a public officer; or(c ) remunerative, retirement and ; other, benefits;

"Constitution" means the Constitution of K enya, ;810;"county assembly" means a county Assem bly established

under Article 170 uf thc,Pmcitpti94; t... 4 1 . ,, to :id;."county assembly m ember" means a member elected o rnominated in accordance with Article 177 (1) of theConstitution;


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1 0he County Governments Bill, 2012"county chief officer" means a cou nty chief officerappointed under section 45;"county executive committee" means a county executivecomm ittee established in accordance w ith Article 176 o f theConStitutIon;"county G azette" means a gazette published by theauthority of the county government or a supp lement of suchgazette;"county government" means the county governmentprovided for und er Article 176 of the Constitution;"county governm ent election" means an election ofgovernor and county assembly members;"county public office" m eans an office in the countypub lic service or an office in a public body bu t does notInclude any office specifically exemp ted by the Constitutionfrom the pow ers of the county government;"ounty public officer" means any person appo inted bythe c o u n t y government and h olding or acting in any countypub lic office whether paid, unp aid, or on contractual orpermanent terms but does not include a person engaged o n apart time basis in a county public body p aid at an hourly or'daily rate;" m i n t y public service" mean s the collectivity of alli n d i v i d u a l s perfiffitiltig functions within any departm ent of thecounty gov ernm ent or its agency, but does not include thegovernor, deputy governor, members of the county executivecommittee and the mem bers of the county assembly;

"deputy governor" mea ns a person nominated by thegovernor in accordance with Article 180 of the Constitution;


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The County Governments 5111, 2012 I"disciplinary control" means the imposition of any

punishm ent against a public officer on account of breach of acode of conduct;"governor" means a county governor elected inaccordance with A rticle 180 of the Constitution;"input indicator" means an indicator that measures thecosts, resources or time used to produce an ou tput;"marginalised group" has the mea ning assigned to It byArticle 260 of the Constitution;"merit", when used w ith reference to a persqn who is acandidate for appointment, promotion or re-designation to acounty public office; means

(a) the abilities, qualifications and pe rsonal qu alitiesrequired to satisfy any'prescriber) criteria forappointments in- the co unty public service, or tocarry out the duties of the coun ty public office; andthe person's potential for development;

"outcome indicator" mean s an indicator that measuresthe quality or Impact of an output in achieving a particularobjective;

"output indicator" means an indicator that measures theresults of activities, processes and strategies of programmes orprojects of a county government;"promotion" m eans the conferment Lyon a person in the

county public service of an office to wh ich is attached a highersalary or salary scale than that attached to the previous o fficesubstantively held by that person;"public officer" has the m eaning assigned to it in Article


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12he County Governments Bill, 2012260 of the Constitution;"qualification" m eans any prescribed factor of eligibility orineligibility attached to holding or acting in a county publicoffice;

"re-designation" means the confermen t upon a person, ofa county public office at a grade eq ual to or substantially equalto the one previously held by that person and whose majorconsequence es to change from one cadre to the other tofacilitate that person's horizontal mobility characterized withchange in career path;

"retirement" means the removal of an officer from thepublic service with fidl separation benefits including pensionbenefits, gratuity or such other terminal benefits as may beprovided for in the applicable law or the contract of service ora special ret irement schem e agreed upon between the pub l icofficer and the relevant lawful authority;

"Salaries and Remuneration Commission" means theSalaries and Remuneration Commission established underArticle 230 (1) of the Constitution;" 'secondment" m eans a tem porary leave from discharging

the duties of a county public office with a view of theconcerned cou nty publ ic off icer being em ployed outside thecounty public service or in another public body;'"shared services" means

(a/ the centralisation at a county or other level ofthose administrative ftmctions of a county thatcould be performed by different units includingmatters such as supply chain management, humanresource managem ent , information technology,purchasing, inventory, payroll, hiring, andinformation teclutology; or


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14Object andpurpose of theAct.

The County Governments Bill, 20/23. The object and purpose o f this Act is to

(a ) provide for matters necessary or convenient togive effect to Chapter Eleve n of the Constitutionpursuant to A rticle 200 of the Constitution;(b ) give effect to the objects and principles ofdevolution as set out in Articles 174 and 175 ofthe Constitution;(c ) give effect to A rticle 176 (2) of the Co nstitutionin respect of further decentralisation;(d ) provide for the removal from office of thespeaker of the county assembly in accordancewith Article 178 of the Constitution;(e ) provide for the pow ers, privileges and imm unities

of county assemblies, their committees andmem bers under Article 196 of the C onstitution;(f ) provide for pu blic participation in the condu ct ofthe activities of the county assem bly as requiredunder Article 196 of the Constitution;(g ) seek to ensure that the community and cultural

diversity of a county is reflected in its countyassembly and county executive committee ascontemplated in Article 197 of the Constitution;(h ) prescribeechanisms to protect minoritieswithin counties pursuant to Article 197 of theConstitution;(i ) prescribe additional requirements in respect ofthe publication of county legislation ascontemplated in Article 199 of the Constitution;


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The County Governments Bill. 20/25(j)rovide, pursuant to Article 200 of theConstitution, for-(i ) the manner of nomination or appointmentof persons to, and their removal from,

offices in county governments, includingthe qualifications of voters and candidates;

(ii) the procedure of assemblies and executivecommittees including the chairing andfrequency of meetings, quorums andvoting; and

(iii) the suspension of assemblies and executivecommittees;

(k) prescribe, pursuant to Article 235 of theConstitution, unifonn norms and standards, for(i ) establishing and abolishing offices in the

county public service;(ii) appointing persons to hold or act in those

offices, and confirming appointments; and(iii) exercising disciplinary control over andremoving persons holding or acting in

those offices; and(I)rovide for the promotion, evaluation and

reporting on the complianbe by. county publicofficers with the values and principles in Articles10 and 232 of the Constitution.

4 .1) Every county shall enact legislation prescribing OxadY "neck-the following county symbols-(a) the canny flay


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1 6he County Governments Bill, 2012(b ) county coat of arms; and(c ) the county public seal.(2) The County Executive shall develop the symbols ofthe county through a con sultative process for approval by thecounty assembly by legislation.

PART II COUNTY GO VERNMENTSFunctions ofcountygovernments.

5.1) A county governm ent shall be responsible forany function assigned to it under the Constitution or by an Actof P arliament.(2) Without prejudice to the generality of subsection (1), acounty government shall be responsible for (a ) county legislation in accordance with Article185 of the C onstitution;(b ) exercising execu tive functions in accordance w ithArticle 183 of the Co nstitution;(c ) functions provided for in Article 186 andassigned in the Fourth Schedule of theConstitution;(d ) any other function that may be transferred tocounty governments from the national

government under Article 187 of theConstitution;(e ) any functions agreed upon with other countygovernments under Article 189 (2) of theConstitution; and(f ) establishme nt and staffing of its public service ascontemplated under Article 235 of the

Constitution.


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The County Governments Bill, 20127(3) A county government m ay seek assistance from theKenya Law Reform Com mission in the development or reformof county legislation under subsection 2 (a).6. (I) As an entity exercising con stitutional auth ority, acounty governm ent shall have all the powers necessary for thedischarge of its functions.(2)Without prejudice to the generality of subsection (1), acounty government may (a ) enter into a contract;(b) acquire, purchase, or lease any land, whethersituate within or w ithout its area ofjurisdiction; or(c ) delegate any of its functions to its officers,decentralised units or other entities within the

county.(3) A coun ty governmen t may enter into partnerships withany public or private organization in accordance with theprovisions of any law relating to public or private partnershipsfor any wo rk, service or function for which it is responsiblewithin its area ofjurisdiction.(4) All contracts lawfully entered into u nder this sectionshall be valid and binding on the county government, itssuccessors and assigns.(5) To ensure efficiency in the delivery of service orcarrying out of a function for which the co unty government isresponsible, the county governmen t may (a) establish a company, firm or other body for thedelivery of a particular service or carrying on of aparticular function; or

Powers of countygovernments.


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I NTh. (bums //fil erninent s Bit/. 21112(b)ontract any person, company. firm or other bodyfor the delivery of a particular service or carryingon a particular function.(6) In exercising its powers or performing any of its

functions a county government shall ensure efficiency,effectiveness, inclusivity and participation of the people.

PART HI COUNTY ASSEMBLYMembership ofthe countyassembly.

Role of thecounty assembly.

7.1) in addition to the members who are electedunder Article 177 (a), or nominated under Article 177 (b) ofthe Constitution, a county assembly shall comprise

(a)ix nominated members as contemplated in Article177 (c) of the Constitution; andtb ) the speaker, who is an ex officio member elected inaccordance with Article 178 of the Constitution.(2) The political party nominating persons under

subsection (1) shall ensure that-( * )ommunity and cultural diversity of the county isreflected in the county assembly; and(b )here is adequate representation to protectminatitie.s within the county in accordance with

Article 197 of the Constitution.(3) The number of members nominated under subsection

1(a) all be reviewed to accord with the number of Wardsdetermined by the independent Electoral and BoundariesCommission under section 27(3)(a).

8.. (1)Tlie county assembly shall (a) perform the roles set out under Article 185 of the

Constitution;


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jilttorermitotts Bill. '1)129(b) approve the budget and, expenditure of the countygovernment in accordance w ith Article 207 of theConstitution, and the legislation contemplated inArticle 220 (2) of the Constitution, guided byArticles 201 and 203 of the Constitution;

(c)pprove the borrowing by the county governmentin accordance w ith Article 212 of the C onstitution;(4) approve county development planning; and(e ) perform any other role as may be set out under theConstitution or legislation.(2) if a county assembly fails to enact, any particularlegislation required to give further effect to any provision ofthis Act, a corresponding national legislation, if any, shall

with necessary m odif icat ions app ly to the m at ter in quest ionuntil the county assembly enacts the required legislation.9. (I)A m ember of a county assem bly shal l (a ) maintain close contact with the electorate a n dconsult them on issues before or under discussionin the county assembly;(b ) present views, opinions and proposals of theelectorate to the county assem bly;(c ) attend sessions of the county assembly and itscommittees;(d ) provide a linkage between the county assembly

a n d the electorate on public service dekvery,extend profession! lanunledge experience orspeciased knowledge to any Sue for chscussionin the easy assembly.

Role of membersof On countyman*.


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20he County Governm ents Bill, 2012(2) A mem ber of the county assem bly shall not be directlyor indirectly involved in the (a ) executive functions of the co unty government andits administration; or(b ) delivery of services as if the member were anofficer or em ployee of the county governm ent.

(3) M emb ers of a county assemb ly shall be sworn in bythe county assembly clerk within fourteen days, after theannpuncem ent of the final results of an election, in the mann erset out in the Schedule to this Act.

(4) At any time in the absence of the speaker of the cou ntyassembly or in matters that directly affect the speaker, thecounty assembly shall elect a member to act as speaker ascontem plated under A rticle 178 (2) (b) of the Constitution.(5) Unless otherwise remov ed, the f i rs t mem ber electedunder sub section (4), shall deputize for the speak er for the termof the county assembly.

County assemblyparty leaders. 10. (1) There shall be in each county assem bly a leader ofthe majority party and a leader of the m inority party.(2 ) The leader of the m ajor ity par ty shal l be the personwho is the leader of the largest party or coalition of parties inth e , county assembly.(3 ) The leader of the m inority party shall be the personwho is the leader of the second largest party or coalition ofpatties in the county assembly.(4 ) A county assem bly shall observe the following orderof precedence


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The County Governments Bill. 20121(a ) the speaker of the county'assembly;(b ) the leader of the majority party; and(c ) the leader of the minority party.11. (1) A speaker of a county assembly may be removedfrom office by the county assembly through a resolutionsupported by not less than seventy five percent of all themem bers of the county assembly.(2) A notice of the intention to move a motion for aresolution to remo ve the speak er shal l be given in w ri ting tothe clerk of the county assem bly, signed by at least one third ofall the mem bers of the county assembly stating the grounds forremoval.

(3 ) A motion for a resolution to remove the speakershall be presided over by a member of the county assemblyelected under section 9 (4).(4 ) Before the debate and voting on a motion undersubsection (3), the speake r shall be accorded an opp ortunity torespond to the allegations on the floor of the county assembly.12.(1) There shall be a clerk of each county assembly,who shall be appointed by the County Public Service Board.(2)The clerk of a county assembly shall take andsubscribe to the oath or affirmation as set out in the Sche duleto this Act before assuming o ffice.

(3)A person shall not be qualified for appointment as aclerk of the county assembly unless such person(a ) is a citizen of Kenya ;(b ) holds a degree from a university recognized inKenya or its equivalent;

Removal ofSpeaker fromoffice.

County assemblyclerk.


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22he County Governments Bill, 20/2(c ) has had at least five years' relevant professionalexperience;(d ) meets the requ irements of leadership and integrityset out in Chapter Six of the C onstitution.

(4) The office of the clerk of the county assembly is anoffice in the county public service.(5)The funct ions and pow ers of the Clerk of Par l iamen t

shall with necessary modifications be the functions and po werspf the Clerk of a county assem bly.(6) For the purpo ses of this Act, the clerk is an authorizedofficer.

Procedure andcommittees of thecounty assembly.

13. (1) A county assembly (a ) may make standing orders consistent with theConstitution and this Act regulating the procedureof 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 com mittees in such manner andfor such general or special purposes as it considers

fit, and regulate the procedure o f any com mittee soestablished.(2) The county assembly proceedings are v alid despite(a ) there being a vacancy in its membership at theparticular time; or(b ) the presence or participation at the particular time of aperson n ot entit led to be present at , or to participatein, the proceedings of the county assembly.


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The County Governments Bill, 20123(3) In considering any appointment for which approvalof the county assembly is required under the Constitution, anAct of Parliament or county legislation

(a ) the appointment shall be considered first by acommittee of the county assembly;(b ) the committee's recommendation shall be tabledbefore the county assembly for approval; and(c ) the proceedings of the committee and the county

assembly shall be open to the public.(4 ) The county assembly shall in establishing committeesunder this section ensure that each member of the county

assembly is appointed to at least one committee.

(5 ) A county assembly may jointly with another countyassembly, establish committees consisting of members of bothcounty assemblies.

(6 ) If a county assembly establishes a joint committeewith another county assembly, the election of members andregulation of the conduct of the business of the joint committeeshall be as agreed between the two county assemblies.

(7 ) Until a county assembly makes its standing ordersunder subsection (1), the standing orders of the NationalAssembly shall, with the necessary modifications, apply to thatcounty assembly.

14. (1) A person has a right to petition a county assembly Right to petitionto consider any matter within its authority, including enacting, county assembly.amending or repealing any of its legislation.

(2) Each county assembly shall prescribe a procedurefor exercising the right under subsection (1).


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24he County G overnments Bill . 20/2Freedom ofspeech anddebate.Quorum.

Voting in acounty assembly.

15. No civil or criminal proceedings may be insti tu tedin any 'court or tribunal against a member of a county assemblyby reason of any m atter said in any debate, petition, motion orother proceedings in the county assembly.

16.The national law regulating the pow ers and privilegesof Parliament shall, with the nece ssary mod ifications, apply toa county assembly.1741) The official languages of a county assem bly shall

be K iswahili and E nglish.(2 ) In case of a conflict between different languageversions of a county legislation, the version in which thelegislation was originally enacted prevails.(3 ) The verbatim report of the proceedings of a countyassem bly shall be recorded in either of the official language s.18.The quorum of a county assembly is one third of al lthe mem bers of the county assembly.19 . (1) Except as otherwise provided in the Co nstitution,in this Act or in other legislation, any question proposed fordecision by the county assembly shall be determined by amajori ty of the m embers of the county assembly present and

voting.(2) On a question proposed for decision by a countyassembly(a) the speak er of the county assem bly has no vote; and(13) in the case of a tie, the question is lost.

(3) A m ember of a co unty assembly shall (a)t all times observe the principles of intergrityincluding those set out in Chapter Six of the

Constitution; and

Powers,privileges andimmunities of acounty assembly.Officiallanguages of acounty assembly.


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The County Governments Bill, 2012$(b) promptly declare to the speaker any interest thatthe mem ber has in any matter being discussed inthe county assembly.(4) A memb er of a county assemb ly shall not vote on anyquestion itrwhich the mem ber has a pecuniary interest

20.(1) In exercising its legislative power, a countyassembly may Procedure for theexercise oflegislativePowers.(a ) initiate or prepare a Bill; and

(b) consider, pass, amend or reject any B ill before it.(2) A county assembly shall exercise its legislativepower through Bills passed by the county assembly andassented to by the governor.(3) In the case of a mo ney Bill, the county assemb ly mayproceed only in accordance w ith the recomm endation of therelevant committee of the county assembly after taking intoaccount the views of the county executive comm ittee mem berresponsible for finance.(4) For the purposes of this Act, "money B ill" means aBill that contains provisions dealing with(a ) taxes;(b) the imposition of charges on a public fund or thevariation or repeal of any of those charges;(c ) the appropriation, receipt, custody, investmen t orissue of public money;(d) the raising, or guaranteeing of any loan or itsrepaymentor


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2 6he (-Hinny (werninents Bill. 2012(e) matters incidental to any of those matters.Introduction of aBill.

Bill to have atitle.

21. A Bill introduced by a member of the countyassembly shall, before its publication, be introduced by amotion to which the Bill is attached and if the motion is carriedby the county assembly the Bill shall be published.

22. A Bill introduced in the county assembly shall beidentified by a title placed at the beginning of the Bill and thetitle shall include the subject matter of the statute to beenacted.

23. A Bill shall be published by Including the Bill as asupplement in the county Gazette and the Kenya Gazette.

24. (1) After the publication of a Bill, the speaker shallcause the distribution of copies of the Bill as published to allmembers of the county assembly to enable them to study, andconsult the residents of their respective Wards on the Bill.

(2 ) Debating of the Bill shall take place at least fourteendays after its publication but in case of a public emergency,the period may be waived by a resolution of the countyassembly.

(3 ) At the beginning of the debate the speaker shall callupon the member introducing the Bill to give the introductoryspeech, giving reasons and the objectives of the Bill.

(4 ) The debate shall subsequently be open for themembers following the basis of the memorandum to the Billand the introductory speech.

(5)Amendments to the Bill may be moved by members, inwriting, at any time before the closure of the debate.

(6) After the debate the county speaker shall put thequestion in respect of each clause as published or as amendedby any member.

Publication of aBill.

Distribution ofand debating aBill.


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The Comity Governments BM 20127(7 ) The Bill shall be passed when all clauses as publishedor as amended are passed by the county assembly.Assenting to aBill.23.(1) The speaker shall, within fourteen days, forward aBill passed by the county assembly to the governor.

(2) The governor shall within fourteen days after receiptof a Bill

(a ) assent to the Bill; or(b ) refer the bill back to the county assembly with amem orandum outl in ing reasons for the re ferral.

(3) If the governor refers a Bill back to the countyassembly, the county assembly may, following the appropriateprocedures under this section

(a ) amend the Bill taking into account the issues raisedby the governor; or(b ) pass the Bill without amendment(4) If a county assembly amends the Bill taking into

consideration the issues raised by the governor, the speakershall within fourteen days submit the Bill to the governor' forassent.

(5) If a county assembly passes the Bill a second time,without amendment, or with amendments which do notaccommodate the governor's concerns by a vote supported bytwo-thirds of members of the county assembly, the speakershall within seven days re-submit the Bill to the governor andthe governor shall within seven days assent to the Bill.

(6) If the governor does not assent to a Bill or refer it backwithin the period referred to under this section, the Bill shallbe taken to have been assented to on the expiry of that period.


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The County Governments Bill, 2012

26.1) A legislation passed by the county assemblyand, assented to by the governor shall be published in thecounty Gazette and Kenya Gazette within seven days afterassent.

28Coming intoforce of a law.

(2 ) Subject to subsection (3), the county assemblylegislation shall com e into force on the fourteenth day after itspublication in the county Gazette and Kenya Gazette,whichever comes earlier, unless the legislation stipulates adifferent date on or time at which it shall come into force.(3 ) A county assembly legislation that confers a directbenefit whether financial or in kind on mem bers of the countyassem bly shall come into force after the next general electionof mem bers of the county assembly.(4 ) Subsection (3) does not apply to an interest thatmem bers of county assembly have as memb ers of the public.

PART IVELECTORAL WAR DSNumber anddelimitation ofelectoral Wards,etc.

27.(1) There shall be not more than one thousand fourhundred an d fifty electoral Wa rds for purposes of the electionof county assembly m embers.(2) For purposes of the f irs t general elect ions under the

Constitution, the Independent Electoral and BoundariesCommission (in this Part referred to as the "Commission")shall ensure that each county comprises at least fifteen Wards.(3 ) The Commission shall review the names andboun daries of W ards at intervals of not less than eight years,and Inot more than tw elve years, but any review shall(a ) ensure that no county shall comprise less thantwenty-five W ards; and(b ) be completed at least twelve months before a


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The County Governments Bill, 20129general election of county assembly m embers.(4) The req uirements under subsection (3) above shall notapply to the review of Ward boundaries preceding the firstelection under this Act.(5) If a general election is to be held within twelve monthsafter the com pletion of a review by the C omm ission, the newboundaries shall take effect in the subsequent election.(6) The bound aries of each W ard shal l be such that thenumber of inhabitants in the Ward is, as nearly as possible,equal to the population quota, but the numb er of inhabitants ofa W ard may be m ore or less than the populat ion quo ta in themanner m entioned in subsection (7) to take account of(a ) geographical features and urban centres;(b) communi ty of in te res t, h i storica l , economic andcultural ties; and(c ) means of comm unication.(7) The number of inhabitants of a W ard may be more orless than the population quota by a margin of not mo re than(a ) forty per cent for cities and sparsely populatedareas; or(b ) thirty per cent for the other areas.

(8) In reviewing W ard boundaries, the Comm ission shall(a ) consult all interested parties; and(b ) progressively work to Wards ensuring that thenumber of inhabitants in each constituency andWard is, as nearly as possible, equal to thepopulation quota.


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30 The County nnents Bill. 20/2Recall of acounty assemblymember.

Petition for recall.

28. (1) A county assembly member may be recalled byvoters in a Ward on any of the following grounds(a ) misconduct likely to bring hatred, ridicule,contem pt or disrepute to the office;(b ) lack of moral standing and integrity;(c ) mismanagem ent of public resources;(d ) desertion of the electorate without reasonable cause,including

(i ) continual absence from the W ard;(ii) failure to adequately represent theviews, opinions and proposals of the

electorate to the county assembly;(iii) failure to participate in the work of therelevant committee or committees ofthe county assembly in which themem ber is assigned;( iv) fa ilure to appra i se the e lec torate on theworkings of the county assembly anddecisions passed; or(v ) commission of an offence under thisAct.

(2) A recall under subse ction (1) may o nly be initiatedeighteen months after the election of the county assemblymember.29.(1) A recall under section 28 shall be initiated by apetition in writing signed by a pe titioner w ho is a registeredvoter in that Ward and filed with the Com mission.


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The away Govenum en t s Big 20121(2)11e petition referred to in subsection (I) shall

(a ) specify the mounds for the recal l as specifiedsection 28 (1); and(b ) contain a l ist of registered voters in th e wa rdnum bering at least Sty per cent of the nunther ofregis tered vows in that W ard in the p recedingelection.(3 ) The list cif names nd luttd to in sttbsection .(2) (b)shall contain the namc address, voter card nuMber, thttlenididentity card or passport number and simultutt aflhe Itegifittedvoters supporting the petition.(4 ) The Com mission shall conduct proceedthgs todetertnine the merits or othiatwise of a mall pritition Wthiin0orty five-days after receipt of the pee20(5 ) The Con tmistdon shah , within fifteen days kWdetentiming the merits of a recall petition wider stbiattlett(4), issue a no tice of recall to the sp eaker ofthe county .assembly.(6)The Comm ission shall conduct a nail decdon for therelevant W ard within ninety days alter pubfication of the

q uestion framed pursuant to section 30.(7) Regulations made under section 133 of this A e t maygive further effect to this section.

30. (I) if a county assembly m ember g he object of arecall petition un der section 29, the Consm ission Shall famethe question to be determined at the moll electitm.(2)A question un der subsection (1) Audi be need insuch a master as to requ ire the answer ye s Or the answer n o .

Reath eteetione.


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3 2he County Governments Bi ll , 201 2(3 ) The Commission shall assign a symbol for eachanswer under subsection (2) to the referendum question.(4 ) The voting at a recall election shall be by secretb4llot.(5 ) A recall election shall be decided by a simplemajority of vo tes cast in the recall election.(6 ) If a recall election results in the removal of a county

a*embly mem ber, the Com mission shall conduct a by-electioninIthe affected W ard.(7 ) A county assembly m ember w ho has been recalledmy run in the by-election conducted under subsection (6)u less the m emb er is disqual if ied in accordance w ith A rt icle1 3 of the Constitution.

P ART V COUN TY EX ECUTIV EFunctions andresponsibilities ofa countygovernor.

31.(1) The gov ernor shall take and subscribe to the oathon affirmation as set out in the Schedule to this Act beforeassuming office.(2) The governor shall -

(a)iligently execute the functions and exercise theauthority provided for in the Constitution andlegislation;perform such State functions w ithin the county asthe President may determine;

(c ) represent the coun ty in national and internationalfora and events;

(d ) constitute the county executive committeeportfolio structure to respond to the functions andcom petencies assigned to and transferred to eachcounty;


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The County Governments Bill, 20123(e) subm it the county plans , and policies to the countyassembly for approval;

(f)onsider, approve and assent to bills passed bythe county assembly;(g)hair meetings of the county executivecommittee;(h)ssign to every mem ber of the county execu tivecommittee, responsibility to ensure the dischargeof any function within the county and theprovision of related services to the people;

submit to the county assembly an annual report onthe implem entation status of the coun ty policiesand plans;deliver annual state of the county address;subject to the operational com mand structures setout in the Police Service Act or any other nationalsecurity legislation, chair the county eq uivalent ofthe national security council as provided for inArticle 239 (5) of the Constitution; and

( 1 )ign or designate a co unty public officer to signcounty G azette notices, unless county legislationprovides otherwise .(3) In perform ing the functions unde r subsection (2), thegovernor shall(a ) provide leadership in the county's governance anddevelopment;(b) provide leadership to the county executive

(i)


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34he County Governments Bill, 2012Powers of thegovernor.

Functions of thedeputy governor.

comm ittee and administration based on the countypolicies and plans;(c ) promo te democracy, good governance, uni ty andcohesion within the county;(d ) promote peac e and order within the county;(e ) promote the co mpetitiveness of the county;(f ) be accountable for the ma nagement and use of thecounty resources; and(g ) promote and facilitate citizen participation in thedevelopment of policies and plans, and delivery ofservices in the county.32. The governor

(a ) may dismiss a county executive committeemem ber in accordance with section 41;(b ) shall dismiss a county executive committee,mem ber, if required to do so by a resolution of thecounty assembly as provided under sect ion 41 ofthis Act;(c ) may appoint an accounting officer for eachdepartment, entity or decentralized unit of thecounty government; and(e) shall have such powers as may be necessary forthe execution of the duties of the office ofgovernor.

33.(1) The deputy go vernor shall take and su bscribe 'tothe oath or aff i rmat ion as set ou t in the Sched ule to this Actbetre assuming office.


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The County Crovernaterus Bill, 2W2(2) The deputy goventor shall dem* for the governorin the ex ecution of the governor's functions.

(Mite governor m ay assign the deputy governor anyother responsibility or portfolio as a memb er of the countyexecutive comm ittee.(4 ) When acting in office as contemplated in Article 179(5) of the Constitution, the dep uty governor sha ll not exerciseany pow ers of the : governor to nominate, app oint or dismiss

that an assigned to the governor und er the Constitution orother written law.(5 )at governor shall not delegate to the deputy governorany of the Sctionsreferred lo insubseitian (4).344I) A m ember of the CO:me assembly may by notice Ramat of a

to the Watt, supported by at 1st a *W ean the members , gas'move a motion for the removal of the governor under Article181 of the Constitution.

4 (2 ) Within sets days S receiving notice under

tt) the speaker shall commie a meeting of the countyto he charges against S governor;and

(b) the county assembly, by resolution, may app oint aspecial committee comprising seven of itsm4,,.,as to investigate the mutter(3 ) The'governor shall continue to p erform the functionsof the office pending the outcome of the proceecimgs req uired

by this section.(4 ) A special corm(2)shall- appointed imd er. subsection


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3 6he County Governments Bill, 2012Exercise ofexecutiveauthority.

(a)nvestigate the matter; and(e)eport to the county assembly within ten daysw hether i t fmds the particulars of the allegationsagainst the governor to have been substantiated.(5 ) The go vernor shall have the right to appear and be4ep sented before the special committee during itsinv tigations.(6 ) If the special comm ittee reports that the particulars

of $y allegation against the governor(a ) have not been substantiated, further proceedingsshall not be taken und er this section and A rticle 181of the Co nstitution in respect of that allegation; or(b ) have been su bstantiated, the county assem bly, afteraccording the governor an opp ortunity to be heard,

shall vote on the charges.(7 ) If at least two-thirds of all the members of theCo ty Assembly Vote to uphold any charge against thegoy nor, the matter shall be referred to the Senate by thespa er of the county assembly for consideration and if theSen te upholds the motion of the county assembly by two-thir of the members present and voting, the governor shall

cease to hold office.(8 ) The provisions of this section shall apply withnecessary modifications to the removal of a deputy governor.

35. The county executive committee shall exercise theexecutive authority(a) in accordance with the Constitution and relevantnational and county legislation;


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The County Governments Bill. 20127(b) for the well-being and benefit of the people;(c ) taking into account the objects and principles ofdevolution of governm ent set out under Article 174and 175 of the Constitution;(d) while enhancing self-governance for comm unitiesin the management of development programs;(e ) while ensuring the protection and prom otion of the

interests and rights of minorities and marginalizedcommunities;(0 while promoting gender equ ity;(g) while promoting social and econom ic developmentwithin the county; and(h) while ensuring equitable sharing of availableresources throughout the county.

36.(1) The gov ernor shall, whe n nominating mem bers of Appointment ofthe executive comm itteeo u n t y e x e c u t iv emembers.ensure that to the tidiest extent possible, thecom position of the executive comm ittee reflectsthe community and cultural diversity of thecounty; andtake into account the principles of affirmativeaction as provided for in the Constitution.

(2) The cou nty assembly shall not approve nom inationsfor appointment to the executive com mittee that do not takeinto account

(a ) gender equality;(b) representation of the minorities, marginalised

(g)


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38he County Governments Bill, 2012Functions of dieexecutivecommittee.

groups and communities; and(c) community and cultural diversity within the county.

(3) A person may be appointed as a mem ber of the countyexecutive comm ittee if that person(a ) is a Kenyan citizen;(b) is a holder of at least a first degree from auniversity recognised in Kenya;(c ) sat isf ies the req uirements of C hapter Six of theConstitution; and(d) has knowledge, experience and a distinguishedcareer of not less than five years in the fieldrelevant to the portfolio of the departme nt to whichthe person is being appointed.

(4) A mem ber of the county executive comm ittee shall nothod any other State or public office.1 37.(1) In add ition to the fun ctions provided u nder A rticle18 of the C onstitution, a county ex ecutive comm ittee shall

(a ) supervise the administration and delivery ofservices in the county and all decentralised unitsand agencies in the county;

(b) perform any other functions conferred on it by theConstitution or national legislation; and(c ) carry out any function incidental to any of theassigned functions.

exp

(2) In the performance of its functions, a countyutive committee shall have power to determine i ts ownme of activities and every m ember of the com mittee


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(b )

The Co u n t y G o v e r n m e n t s 8W. 2012shalt observe integrity and disclosure of interest in any matterbefore the committee.

3t A county executive committee mil---(a) monitor the process of planning, formulation and

adoption of the integrated devalcPmeat plan by acity or mun icipality within the county;assist a city or municipality with the planning,fomudation, adoption and review of its integrateddevelopment plan;facilitate the coordination and alignment ofintegrated developmen t p lans of di f ferent ci t ies ormutt/acidities within the county and with theplans, strategies and programmes of national andcounty govemntents; and

(d ) t ake appropriate steps to resolve any disputes ordifferences in connection with the planning,formulation , adoption or review of an integrateddevelopment pthrt .

39. ; A person appohrted as a member of the executivecommittee under Artie 179 of the :Constitution shall take thepresaibed oath_ or affmnation of office provided in theSchedule to this Act b efore assuming off ice .

40.(1) The members of the executive committee ateindividually and collectively accou ntable to the governo r in theexercise of their powers and performance of their duties andmsponsibilities.

(2) A committee of the county assembly may require amem ber of the executive comnrittee to--(a) attend or appear b efore the comm ittee; and

gOk Of theCX130111VCcommittee inSoo area or cityplanning,

Oath of office forthe executivecommittee.

Accitteatlay ofmembers of theexecutivecommittee.


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40he County Governments Bill, 2012Removal ofmember ofexecutivecommittee.

(b) answer any question relating to the member'sresponsibilities.1.(1) Subject to subsection (2), the Governor mayrem ve a member of the county executive committee fromoffs on any of the fol lowing grounds

(a ) incompetence;(b ) abuse of office;(c ) gross misconduct;(d ) failure, without reasonable excuse, or writtenauthority of the governor,o attend threeconsecutive meetings of the county executivecommittee;(e ) physical or mental incapacity rendering theexecutive committee member incapable ofperforming the duties of that office; or(f ) gross violation of the Constitution or any otherlaw.

to2) A member of the county assembly, supported by atleasi one-third of all the mem bers of the county assembly, m aypro se a motion requiring the governor to dismiss a countyexecutive comm ittee membe r on any of the grounds set out insubjection (1).

(3 ) If a motion under subsection (2) is supported by atleas( one-third of the mem bers of the county assembly(a ) the county assembly shall appoint a select

committee comprising five Of its members toinvestigate the matter; and(b ) the select comm ittee shall report, within ten days, to


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The County Governments Bill, 20121the county assembly wh ether it finds the allegationsagainst the county executive committee mem ber tobe substantiated.

(4) The county executive committee member has the rightto appear and be represented before the select comm itteeduring its investigations.(5) If the select comm ittee reports that it f inds the

allegations(a) unsubstantiated, no further pro ceedings shall betaken; or

(b ) whether to app rove the resolution requ iring thesubstantiated, the cou nty assem bly shal l votecounty executive committee member to bedismissed.(6) If a resolution und er subsection (5) (b) is supp ortedby a majority of the members of the county assembly

(a) the speaker of the county assembly shallprom ptly deliver the resolution to the governor,and

(b ) the governor shall dismiss the county executivecommittee member.42.(l) The d eliberations of all m eetings of the coun tyexecu tive committee shall be recorded in writing.

(2) A resolution of the county executive com mittee shallbe by a m ajority of the members present and voting.(3)A resolution arrived at pursuant to subsection (2) shallbe accessible to the public.

Meetings of thecounty executivecommittee.


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42he County Governments Bill, 2012County executiveto remain inoffice afterelections.

Appointment ofcomfy secretary.

43.(1) When a general election is held for a countygov t mment, the outgoing county executive committee shallre nd in in office until a new executive committee is constitutedaft the election.

(2)The constitution of a new executive comm ittee after anetec ion under subsec tion (1) shall be finalized within twenty-one days of the swearing in of the members of the countyass bly.

44.(1) There is established for each cou nty the office ofthe county secretary who shall be secretary to the countyexSutive comm ittee.(3) The county secretary(a) shall be nominated by the governor and, with theapproval of the county assembly, appointed by the

governor; and(h) may, subject to the conditions and terms ofappointment, be dismissed by the governor.(3) The county secretary shall (a ) be the head of the county public service;(b ) be responsible for arranging the business, andkeeping the minutes, of the county executivecommittee subject to the directions of theexecutive committee;(c ) convey the decisions of the county executivecommittee to the appropriate persons orauthorities; and(d ) perform any other functions as directed by thecounty executive comm ittee.


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Appointmentcousy chieamong

f

The County Governments Da 20123(4) The county secretary may resign from offilX by givingthirty days written notice to the governor.4541) The governor sh all-,(a) nominate county chief officers , frontpersons recomm ended by the County PublicService Board; and(6) with the app roval of tbe county assembly, appointcounty chief officers.(2) The off ice of a county ch ief officer shall be ano ffice in the coun ty public service.

(3) A coun ty chief officer shall be respon sible to therespective county ex ecutive com mittee mem ber for theodministration of a county department as pm vided undersection 46 of this Act(4) The cou nty chief' officer shall be the au thorizedofficer in respect of exercise of dele:iated power.(5) The governor m ay re-assign a county chief officer.(6) A coun ty chief officer may resign from office by

giving notice, in writing, to the goiernor.4641) The county executive comm ittee, shall determinethe organisation of the county and its various depar tments, andfor that purpose may(a) establish, continue or vary any departm ent anddetermine the objects and purposes of the

department(b ) determine the number and n ature of departments atthe decentralised units;

County executiveRodetamineorganisation ofcounty.


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44 The County Governments Bill, 2012(c ) abolish any department; and(d ) determine or change the name of any department.

(2) When establishing and organizing the county, theexeutive comm ittee shall take into account, and be guided by,the need to (a ) be responsive to the needs of the local comm unityand the funct ions and com petencies assigned to

anclitransferred to the county;(b ) facilitate a culture of public service andaccountab ility in the county pub lic service;(c ) be performance oriented and focused on theobjects of devolved gov ernment set out in Article174 of the C onstitution;(d ) ensure that the county departments align theirroles and resp onsibili t ies with the priorities andobjectives set out in the county's policies andplans;(e ) organise its departme nts and other structures in aflexible way in order to respond to changing

priorities and circumstances;(0 assign clear responsibilities for the managementand co-ordination of departments and functions;(g) allow participatory decision making as far as ispracticable; and

provide an equitable, fair, open and non-discriminatory working environment.Performancemanagementplan.

47.(1) The county executive committee shall design aperformance management plan to evaluate performance of the


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The County Governments Bill, 20125county public service and the implementation of countypolicies.

(2) The plan shall provide for amon g others(a ) objective, measurable and time bound performanceindicators;(b) linkage to mandates;(c ) annual performance reports;(d) citizen participation in the evaluation of theperformance of county government; and(e ) public sharing of performance progress reports.

(3)The governor shal l submit the annual performancereports of the county executive comm ittee and public service tothe county assem bly for consideration.(4)The performance managem ent plan and reports underthis section shall be public documen ts:

PART VI DECENTRALIZED UNITS48.(1) Subject to subsection (3), the functions andprovision 'of services of each cou nty governm ent shal l bedecentralized to(a ) . the urban areas and cities within the countyestablished in accordance w ith the Urhan Areas andCities Act, 2011;(b) the sub-counties equivalent to the constituencieswithin the county established under A rticle 89 ofthe Constitution;(c ) the W ards within the county establ ished under

becentratized units.

No.13 of 2011.


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46 The County Governmenu Bill, 20/2Article 89 of the Constitution and section 27 ofthis Act; and

(d) such other or further units as a county governmentmay determine.(2) If the constituency or part of a constituency fallsun r urban areas or cities, that constituency or part of theco tituency, as the case may be, shall be considered as fallingun r subsection (1) (a).(3)Nothing in this Part may be con strued as precludingthe county government, through county legislation, fromadj sting the units created under subse ction (1) for purposes offu er decentralizing its functions and prov ision of its servicesin ordance with A rt icle 176(2) of the Const i tution.

49.The structures and func tions of urban areas and citiesshaft be as is provided for in the Urban A reas and Cities Act.

SO .(1) There shall be established at the level of each sub-cotity the office of the sub-county ad ministrator.iii (3) . The sub-county administrator shall havequ ifications and knowledge in administration or managementand shall be appointed by the County Public Service Bo ard in

accordance with the provisions of this Act.(4) The sub-county administrator shall be responsiblefor the coordination, management and supervision of thegeneral administrative functions in the sub-county unit,including (a ) the development of policies and plans;(b ) service delivery ;(c ) developmental . activities to empower thecommunity;

Urban areas andcities structures.No.13 of 2011.Office of the sub-countyadministrator.


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The Colony' CO SI? 12

(e )(f) exercise anyCounty Public

ii ta lin the deve l o pdelivery of son

(4) in 'Carr ying otit Atesubsection (3), themspon sible to the relevant county514,1) That is instabilulted for tech % Yard in a

office edit `W ard adm it rotor(2) The W ard adm inistrator shall have protest:tonalq ualifications and technical knovdedgc in adm inistration and4te,OPPoitlted by the CO uniiihtthik Scrilte c Board inacillpdance with the provisions of this Act.

(3) The W ard itdirtiniterator shall coordinate, manage andW ootton Se general m attitiairittive furs:Bons 'in the Wardunit Includitts

by the; and

an d

the' EsablidianatOa MikeWadadminiarsat

(a) Ma d evelopmen trepolicles *Salons;(b ) service delivery;(c ) developmental inithildettotimpotterthotommunity;

' t o m provision and niabiebabetbr f Astructure andfacilidetormadic sent*


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The County Governments Bi ll , 201 2(e ) exercise any functions and powers delegated by theCounty Public Service Board under section 84; and(f ) coordination and facilitation of citizen participation inthe development of policies and plans and delivery ofservices.

Furtherdecentralization.

Objectives.

(4) In carrying o ut the functions an d obligations ins section (3), the Ward administrator shall be responsible toth sub-county adm inistrator.52.(I)County legislation shall mak e further pro vision asto structures, administration and operations of further units ofd ntralization within a county,

(2)Pending the legislation contemp lated under subsection(I , adm inistrative locations and sub -locations shall compriseun is of further decentralization in each county for purposes ofgraph 14 of Part 2 of the Fourth Schedule to theC nstitution.

PART VII COUN TY PUBLIC SERVICE53. The objectives of this Part are to(a)rovide 'for evaluation and rep orting on the

ex tent to wh ich the values and p rinciplesreferred to in Articles 10 and 232 of theConstitution are com plied with in the countypublic service;(b ) prov ide for the organ ization, staffing andfunctioning of the county pub lic service in waysthat ensure efficient, quality and p roductive

services for the p eople of the county;(c ) provide for institutions, systems andmechanisms for hum an resource utilization anddevelopment in a m anner that. best enhances


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The County Governm ents Bill. 20129service delivery by county public serviceinstitutions;(d )rovide a framework of uniform norms andstandards to be appl ied in ai l counties in respectof-

(i ) establishment and abolition of officesin the county pub lic service;(ii) appointment of persons to hold or actin those of f

(iii) conf irming appointmen ts; or .(iv) exercising disciplinary control overand removal of persons holding oracting in those offices;

(e )rovide for the promotion of the values andprinciples set out in Articles 10 and 232 of theConstitution in the county p ublic service;(f )rovide for human resource management andcareer development practices;(g )ddress staff shortages and barriers to staffmob i li ty between counties;(h )rovide for standard s to promote ethical conductand p rofessionalism in coun ty public service;(i )rovide for the establishment of County Public

Service Bowls; and(3)ake further provisions relating to appeals inrespect of county governm ents' public service.


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SOhe County Governinem,. Bill. 2.012C..watty to havecounty publicservice.Estitbliahment ofthe County PublicService Board .

Composi i i tm ofthe County PublicService iota .

154(I) Each county shall, in accordance with Article 235of the Constitution, have its own p ublic service to be knownas Comity public service.

(2) The cou nty pu blic service shall be headed by acounty secretary appointed under section 44.

coatFor purposes of subsection (I ), the designation countypub c officer shall be restricted to an officer app ointed by thegovernment.

55.There is established a County Public Service Board ineach County, which shall be(a ) a' ody corporate with perpetua l succession and a

9031; and(b ) capable of suing and being sued in its corporate

4 (1) The County Public Service Bond shall(a) a chairperson ;0) vice chairPasca;(c ) not less than three but knot m ore than five othermembers nominated and app ointed by the countygovernor, with the app roval of the countyassembly, and

a certified public s e c r e t a r y of good professionalstanding nom inated and ap pointed by thegovernor, with the app roval of the countyassembly, who shall be the secretary to the board.(2) Theappointmen t of the members of the Board shall bet h r o i r g h a' competitive process.(3)A person shall be qu alified to be appo inted as a


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The Cowin Gewrnments( 1 1 21member under subsection (1)ifthat person--

(a ) satisfies the provision of Cha pter Six of thewren;(b ) is not a state or public officer;(c ) in the case of chairperson or vice- chairma npossesses a minimum q ualification of a bachelor'sdegree from a recognised university old working

exp erience of not less than fifteen yawo n in die case of any other members-

(i) possesses a minimal of a bachekesdegree from a reeopised universil y andworking exp erience of not less than fiveyeses; end(ii) is a professional, demonstrates absence ofbreach of the relevant professional codeofconduct; and

(e) is not a mem ber of the governing bod y of a politicalPION

(4 ) A mem ber of the Board shalir-:.(a) hold office for a n on-renewable term of six years;and

(b) may serve on a part-thne basis. .(5 ) The members of the Board may only be removed from

office(a) on pum as set out fix the removal of mem bers of aconstitutional connission under Article 251(1) ofthe Constitution; and


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52he County Governments Bill, 2012Functions andpowers of aCounty PublicService Bond.

(b) by a vote of not less than seventy five percent of allthe mem bers of the county assembly.(6) The board shall elect ,a vice-chairperson fromamongst i ts members.

1 (7) The chairperson and vice-chairperion shall be ofoppcisite gender.57.(1) The functions of the Co unty Public Service Bo ardbe, on behalf of the county government, to(a) establish and abolish offices in the county publicservice;

appoint persons to hold or act in offices of thecounty pu blic service including in the Boards ofcities and urban areas within the county and toconfirm appointments;(c) exercise disciplinary control over, and remove,persons holding, or acting in those offices asprovided for und er this Part;(d) prepare regular reports for submission to thecounty assembly on the execution of the functionsof the Board;(e) promote in the county public service the valuesand principles referred to in Articles 10 and 232;

evaluate and report to the county assembly on theextent to which the v alues and principles referredto in Articles 10 and 232 are com plied with in thecounty public service;() facilitate the developm ent of coherent, integratedhuman resource planning and budgeting for

shall

(b)


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The County Governments BM 10123personnel emoluments in counties;advise the county govantnent on human resourcemanagement and develoPiti"*" '-

(i ) advise county government on implementation andmonitoring. of the national performancemanagement system in counties;(j ) make recoinm endations to the Salaries and

Rem uneration Com mission, on behalf of thecounty government, on the remu neration, pensionsand gratuities for county p ublic service emp loyees.(2)In app ointing a person as a sanitary to a boar& of acity or an urban area und er subsection (1) (a), the CountyPublic Service Bo ard shall epsute that such p erson is acertified public secretary of good professional standing.(3)The -ftpons und er subsection (1) (d) shall contain thedetails of persons ap pointed including gender, persons w ithdisabilities, persons from the minority and marginalised

communities.(4)In the perform ance of its functions under subsection(1)(e), the Cou nty Public Service Board shall have powers

to (a ) inform and educate county public officers and thepublic about the values and principles;(b ) recomm end to the county governm ent effective-measures to promote the values and principles;(c ) assist county governm ent in the formulation andimplem entation of programm es intended toinculcate in public officers the duty to uphold thevalues and p rinciples;(d ) advise the county governmen ts on their obligations

(h)


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54he CountGovernments Bill, 2012under international treaties and conventions ongood g overnance in the county public service;(e ) visit any cou nty public office or body w ith a viewto assessing and inspecting the status of compliancewith the v alues and principles;(f ) investigate, on its own initiative or upon acomplaint made by any person or group of persons,the violation of any values and principles;(g ) recommend to the relevant lawful authority, anynecessary action in view of the violation of thevalues and principles by any person or p ublic body;h) cooperate with other institutions working in thefield of g ood go vernance in the public service; and

(i) perform any other funct ions as the Board co nsidersnecessary for the promotion of the values andprinciples,

5) The report by the County Public Service B oard undersub9eection (1) (f) shall-(a) be delivered each December to the countyassembly;

(b ) include all the steps taken and decisions made bythe board;(c ) include specific recom mendations that require to beimplem ented in the promotion and protection of thevalues, and p rinciples;

lude specific decisions on particulars of personsor public body who have violated the values andprinciples, including action taken or recomm endedagainst them;


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Th e County Governments Bil l, 20 /25Criteria forestablishment ofpublic offices,

(e) include any impediment in the promotion of thevalues and principles; and(t) include the program mes the board is undertaking orh a s p l a n n e d t o u n d e r t a k e in t h e m e d i u m t e r mtowards the promotion of the values and principles.

(6) The Board shall publish a report required un der thissection in the County Gazette not tater than seven days afterthe report has been delivered to the county asstunbly.S5.(1) The County Public Service Board shall establish apublic office W hhin the county public service if it is satisfied

t h a t(a ) the establishment of the pubfio office shall servepublic interest in line with the core 'Unctions of thecounty government;(b ) there exists no other p ublic office in the countypublic service discharging or capable ofdischarging the duties for which the county isrequested to establish another office;(a) upon the establishment of the office, the office shallbe vacant to be filled competitively andtransparently in accordance w ith the prescribed

a p p o i n tm e n t o r p r o m o t io n p r o c e d u m s ;(d ) the establishment of the office including its level ofgrading, qualification and remuneration shall notdisadvantage similar offices in the coun ty publicservice or occasion unfair com petition for staffamong county public bodies;(e ) the establishment of the office shall not conferunfair adviugage to a group of or individualserving public officers:


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5 6he County Governments Bi l l , 2012(0 the county government entity has prudentlyutilized offices previously provided in itsestablishment; an d(g) funding for the office to be established is du lyprovided for.

(2) In determining the provis ion of funding undersub tion (1) (g), the Cou nty Pub lic Service Board shall takedue gard to the need to l imit the com ponent of personnelem u men ts to a level that does not adversely affect otherbud tary provisions in the recurrent vote.

(3) A w ritten req uest for establishment of an officecom lying with the conditions in this section shall besub itted to the Board by the concerned head of departm ent.e ) In deciding w hether or no t to establish a pub licoffi , the County Public Service Board shall take intol

ace unt-(a) the overall workload in the coun ty pub lic serviceconcerned; and(b ) the suitability of that departmen t but not any otherto be the domicile of the public office to beestablished.

Criteria forabolition ofpublic offices..(1) The C ounty Pu blic Service Board shall abolish apubl c office when it is satisfied that --

the abolition of the p ublic office shall serve thepublic interest in view of the core functions of thecounty government;(b) there exists another pu blic office in the countypublic service discharging or capable ofdischarging the duties of the office which the


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The County Goyernmenu Bill, 20127county government is requested to abolish;(c) the abo lition o f the office in view of its leftl isnecessary so as to-(i ) eliminate u nfair comp etition for staffamong county publicervice'departments; and(ii) to promote parity of treatment am ong

officers of similar q ualifications holdingpublic offices with the sameresponsibilities;(d) the abolition of the office shall not confer un fairadvantage to a group. of; or individual pu blicofficer; Of(e) the county government or office . has beenreorganized or abolished.(2) Any decision by the Cou nty-Public Service Boardto abolish ap office in the cou nty pu blic service shall besubject to the due process of removing or retiring the affectedpublic officer including adherence to the principles of natur aljustice, unless the affected public officer has been re-deployed

to another office.60.(1) Taking into account the p rovisions of this Part, theCounty Public Service Board on its own motion, may establishor abolish any office in the county public service.(2)/f the B oard intends to establish or abolish an office itshall submit its proposal to the coun ty assembly for approval

through the county ex ecutive comm ittee member responsiblefor the county public service.(3) The County Pu blic Service Board shall give thecounty chief officer of the concerned department an

Powers of theCounty PublicService Board toestablish orabolish office.


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58he County Governments Bill. 20/2otrtunity to make representation in respect of any action tobe taken und er this section before m aking the decision in thatregard.(4) If the C ounty Public Service B oard establ ishes ano ce and the co ncerned departm ent fails to fi ll the vacancyfo a period of twelve m onths after its establishment, the officesh II s tand abolished and the C ounty Public Service Boardshall( not be required to make a decision to abolish that office.(5)The provisions of subsection (4) in respect to the

period of the vacancy of an established post may be wa ivedby the county government under exceptional circumstances.Powers of theCounty Pub l icService Board tomakeappointments.

61.(1) Except as provided for in the Constitution orislation, the Cou nty Public Service Board has the power toe appointments including promotions in respect of officeshe county public service.(2)The power of the County Public Service Board unde rsubsection (1) shall be exercised(a) at the request of the relevant co unty chief officerof the department to which the ap pointment is tobe made;

lemin

(b) at the request of the clerk of the county assem bly;or

N o unqualif iedperson may beappointed inacting capacity.

(c) on the C ounty Public Service Board 's own motionon accou nt of best interest of the coun ty publicservice and parity of treatment of pu blic officerstaking into account the circumstances of each case.62.(1) A person shall not be appointed to hold a pu blico e in an acting cap acity unless the person satisfies all thepibed qualifications for holding that public office.


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The County Governittents Bill, 20/29(2)Aedi ig appointm ents shalt be made only by the lawfulappohiting aud tority.

(3) Nothing in this section shall pram* a public officer(a ) - delegating a Ally fit which the law does notprohibit delegation; or(b ) deploying another of f icer to perform duties vestedin another office during a tem porary ab sence.

(4)Any delegation or deployment under subsection (3)shall (a ) be made by an officer wbo is qualified andcompetent to perform the duty; and

(b ) not undermne the impafidons rent ordeployment of a competat person to the publicoff ice concerned.

(5) k comes to the etas; of the County PublicService Board that a petit of #mc puroxtedly made anildiftg appointment, delegation or depbyineit an the case maybe, tasty to the provisions of this section, the County PublicService Bowl did takethe seamy ernereetive action.

43.(1) in setecting candidates for app ointment, the C ountyPublic Service flamed all consider

(a) die standards, valoss and plaudits set out isArticles 10, 27 (4), 56 (c) a 232 (1) of theCana tionthe pealed mmifficadons for holding or Wingin the office;

(c) the agresionee mid nthievements attained by thecandidate;


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60he County Governments Bill. 2012(d) the conduct of the candidate in view of anyrelevant code of condu ct, ethics and integrity;(e ) the need to e nsure that at least thirty percent of thevacant p osts at entry level are filled , by candidateswho are not from the dominant ethnic comm unityin the county;(I) the need for op en and transparent recrui tment ofpublic servants; and(g) individual performance.

Advertisementsof positions to bewidelypublicised.

Re-designation ofofficers.

(2)In determining whether an appointm ent, promotion orre esignation has been und ertaken in a fair and transparentm nner, the overriding factors shall be merit, fair competitionand representation of the diversity of the county.64. If a public office is to be fil led, the Co unty Pub licService Board shall invite applications through advertisementsn as to reach as w ide a pop ulation of potential applicants as

o r ssible and especially persons wh o for any reason have beenmay be disadvantaged.65.No app ointment or assignment of a duty in a countypdblic service shall be valid unless it is evidenced in writing.

66. Subject to the relevant legislation, the County PublicService Board shall maintain a record of all applicationsreceived in response to advertisements inviting applicationsand such record may be inspected by any person.67.(1) In selecting public officers for re-designation, thecrjteria for appo intment as prescribed under this Part shall

a ly.(2)A public officer shall not be re-designated to ho ld oract in a public office if

Appointmen ts tobe in writing.Board to maintainrecords ofapplicants.


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The County Governm ents Bill, 20121(a ) the office is not vacant(b ) the public officer does not meet all theq ualifications, except for ex perience at a lowergrade in the relevant cadre, attached to the pu blicoffice;

(c ) the decision to re-designate the officer maydisadvantage any public officer already serving Inthe relevant cadre; or

(d ) the officer subject to re-designation has no tconsented to the re-designation.(3) If a public officer is re-designated, the officer shallnot in any way suffer reduction in remuneration.

6841) The p rovisions of this Act and regulations orprocedures made under this Act that apply to appointmentsshall also apply to p romotions.(2) If a public officer has been p rom oted, the head ofdepartm ent shalt within sixty d ays after the date of thepromotion release the public officer to take up the prom otionand if the officeris not so released, he or she stand s released

upon the lapse of sixty day s.(3)If a public officer has been promo ted and has failed totake up the p romotion, the promotional decision shall hipscupon the expiry of sbcty, days after the date of the decision andthe officer shall revert back to the office held prior to thedecision, subject to confirmation that the person received theofficial communication On the p romotion and was released.

69.(l) If the relevant authority fails to confirm anapp ointment of a pub lic off icer init ial ly appointed doprobationary S and the term h a s l a p s e d w i t h o r w i t h o u t a ne x t e n s i o n , t h e o f f ic e r s h a l l s t a n d c o n f ir m e d i n t h e a p p o i n t m e n to n t h e d u e d a t e .

Provisions onappointments toapply toprom-.

Confirmation ofappointment onlapse of paled.


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The County Governments Bill, 20/2(2) The period served on probationary terms shall be takenaccount when computing the period of service for theose of payment of pension benefits, gratuity or any otherfinal benefit.(3)A probationary period of service shall not be extendedexc pt on account of

(a) affording the public officer further opportunity topass an examination the passing of which is acondition for the confirmation, the officer'sservice otherwise being satisfactory;

b) affording the public officer an opportunity forimprovem ent in any respect, in which the officer'swork or condu ct have been adversely reported on.Power to deploypublic officers.e rtment shall vest in the relevant coun ty chief officer.

(2)The pow er to deploy a county public officer from o nede rtment to another shall vest in the head of the countypublic service.Secondments. I.(1) The national governm ent shall put in place measuresto otect its public officers on secondment to the counties

fro toss or disadvantage with respect to pension benefits,gr ity or other terminal benefits.(2 ) Unless there is an agreement to the contrary, it shall bethe responsibility of the national government to pay thesa l y ies, remuneration, allowances and other benefits due tothe ff second ed to a county governm ent during the transition

Pe r(3 ) If for any reason it is not necessary for an o fficer onent to remain seconded and the secondment periodhas t lapsed, the o fficer shall be entitled to revert back to thepub is office held before secondm ent.

62

intpute r

.(1) The pow er to deploy a county public officer within a


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M e m o a ti r o m e t o r i ty o f11 NOS

Th e County Governments Bi ll , 201 23(4 ) The Coun ty Public Sterne Bond shah 1110t 1110W apu blic officer to proceed on seco ndm ent if it is not in theinterest of the public of r the concerned county p ublicservice.(5 ) The Com ity Public Service Board making a decisionon secondm em sing not allow the secondritna unless it hasconsidered the reparation by the concerned autho rizedof or bad of Wit.

It The County Pu blic Service Board Stall regulate theenrol:genet of persons on contact, volunteer and casualwor kers, staff ofjoit sees and attitatiern of intents in itspublic heats and offices.it3 if k tomes to the attention of tin Catty Public

Service Bond that there is reason to believe that any processor decision under this Part may have occurred in an irregular orfraudulent ntranter, die County Public Service Board shaffinvading the auger an d, if sanded tha t the angularity orgaud has eataned, the County Page Service Board may (a ) revoke the decision,(b ) area the concerned h ad


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The County Governments Bill, 2012

3 ed o)Non the countyounhw t h i s g s o e v c e t r no n m e nsht or any otherlimit otheer lawfullcon erredaut ority discharging a disciplinary function from retiring anoffi er from the co unty public service on the ground of public

int est.(4 ) In this section, retirement on the ground of publicint est may be impo sed instead of any other punishm ent if thedec sion maker considers that although the misconduct hasbeep proven

(a ) the officer has nevertheless raised a mitigationfactor that renders imp osition of a punishment tooharsh in view of the circumstances of the case; or(b ) the length of service benefits accrued and previousgood record o f the officer justifies the retirement;or(c ) imposing a punishment against the officer is likelyto adversely affect the reputation of the publicbody concerned or the county public servicegenerally.

(5) If criminal proce edings are instituted against a cou ntypublic officer, disciplinary proceed ings against the officer fordismissal or imposition of any other punishment on anygroOd s involved in the criminal charge shall not be taken untilthe conclusion of the criminal proceedings and thede*rmination of any appeal therefrom has been made.(6)Nothing in subsection (5) shall be interpreted aspr ibiting or restricting the power of the county governmentor e concerned co unty chief off icer or other lawful authori tyto interdict or suspend or take any interlocutory decisionagainst the public officer.


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The County Governments Bi l l , 20125Appeals to thePublic ServiceCommission.

75. (1 ) Any person dissatisfied or affected by a decisionmade by the County Public Service Board or .a person inexercise or pu rported exercise of disciplinary control againstany county public officer may app eal to the Public ServiceCom mission (in this Part referred to as the "Com mission")against the decision.

(2)The Commission shall entertain appeals on anydecision relating

Documents

The County Governments Bill 2012 Kenya