County Assembly Services Act

Section 1. Short title Section This Act may be cited as the County Assembly Services Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Board" means the County Assembly Service Board established under section 12 of the County Governments Act (Cap. 265) with respect to each county assembly; "chairperson" includes the vice-chairperson or any other member of the Board when discharging the functions of the chairperson; "Clerk" means the Clerk of the county assembly; "code of conduct" means the code of conduct of the Service prescribed by the Board under section 6 ; "county assembly service values" means the values and principles of the Service specified under section 5 ; "county public service board" means the county public service board established under section 57 of the County Governments Act; "fund" means the County Assembly Fund established under section 34 ; "office", in relation to the Service, means a paid office as an employee of the Service, not being the office of a member of the Board, or a part-time office, or an office the emoluments of which are payable at an hourly or daily rate; "officer" or "employee" means any person who holds or acts in any office of the Service otherwise than as a part time officer or employee; "...

Section 3. Object and purpose of the Act Section provide a framework for the establishment and effective operation of the Service with respect to each county assembly;

Section 4. The County Assembly Service Section 4(1) There shall be a service for each county assembly to be known as the County Assembly Service. Section 4(2) The Service shall be an institution of exemplary administrative and technical competence. Section 4(3) In the performance of their functions, employees of the Service shall not seek or receive directions from any source external to the Service. Section 4(4) Every member of a county assembly shall respect the non-partisan and apolitical character of the Service and shall not seek to influence employees of the Service in the discharge of their functions.

Section 5. County Assembly Service values Section 5(1) The values and principles of public service set out under Article 232(1) of the Constitution shall apply to the Service established under this Act. Section 5(2)(a) the fostering of peace; Section 5(2)(b) the provision of non-partisan and impartial advice and services to the county assembly, its committees and its members; Section 5(2)(c) the maintenance of honesty, accountability and integrity in the delivery of services, having regard to the principles of political neutrality, professionalism, economy, efficiency, equality and fairness, courtesy and discipline; Section 5(2)(d) the provision of a workplace that recognises the diverse backgrounds of the employees of the Service and promotes national integration; Section 5(2)(e) the maintenance of the spirit of co-operation in the workplace based on consultation and communication; Section 5(2)(f) the provision of a fair, flexible, safe and rewarding workplace; Section 5(2)(g) the inspiration of public confidence in and respect for the county assembly; Section 5(2)(h) the fostering of understanding and co-operation between the county executive and the county assembly in the contex...

Section 6. Code of conduct Section 6(1) The Board may, from time to time, prescribe a code of conduct. Section 6(2)(a) be patriotic and loyal to Kenya and at all times conduct himself or herself in a manner that promotes the image and interests of the country; Section 6(2)(b) conduct himself or herself with honesty and integrity and act with care and diligence; Section 6(2)(c) use the resources of the county conscientiously and combat corruption and misuse or wastage of public resources; Section 6(2)(d) respect and observe the law of the land and co-operate with all lawful agencies in the maintenance of law and order; Section 6(2)(e) treat all persons with respect and courtesy and, in particular, protect persons with disabilities and other vulnerable groups against any form of abuse, harassment or ill-treatment; Section 6(2)(f) promote gender equality and respect for the rights and freedoms of others; Section 6(2)(g) preserve and protect the environment and national heritage; Section 6(2)(h) comply with any lawful and reasonable direction given by any person in the Service having authority to give such direction; Section 6(2)(i) maintain appropriate confidentiality about dealings t...

Section 7. Complementarity of values and codes of conduct Section The County Assembly Service values and the code of conduct provided for in sections 5 and 6 , respectively shall be in addition to, and not in derogation from any others that may be specified by or under any other written law in relation to the citizens of Kenya generally.

Section 8. Qualifications of members of the Board Section the national values and principles set out in Article 10 of the Constitution; and

Section 9. Qualifications and procedure for appointment Section 9(1)(a) is a citizen of Kenya; Section 9(1)(b) holds a degree from a university recognized in Kenya; Section 9(1)(c) has at least ten years experience in public affairs; and Section 9(1)(d) meets the requirements of leadership and integrity in Chapter Six of the Constitution. Section 9(2) The procedure for appointment of the members of the Board referred to in subsection (1) shall be as set out in the First Schedule.

Section 10. Removal from office Section 10(1)(a) violation of the Constitution; Section 10(1)(b) inability to discharge duties for any reason; Section 10(1)(c) bankruptcy; or Section 10(1)(d) if convicted of any offence with a sentence of more than six months imprisonment. Section 10(2) Any person may petition the county assembly for the removal of the member of the Board on the grounds specified under subsection (1). Section 10(3) The procedure for the removal of a member of the Board under this section shall be as prescribed in the Standing Orders of the county assembly.

Section 11. Functions of the Board Section 11(1)(a) direct and supervise the administration of the services and facilities provided by, and exercise budgetary control over, the Service; Section 11(1)(b) determine and review the terms and conditions of service of persons holding or acting in the offices of the Service; Section 11(1)(c) initiate, co-ordinate and harmonize policies and strategies relating to the development of the Service; Section 11(1)(d) for training and capacity building of members and staff of the county assembly and other persons; Section 11(1)(d)(i) for training and capacity building of members and staff of the county assembly and other persons; Section 11(1)(d)(ii) that promote ideals of parliamentary democracy as set out in Article 127(6)(d) of the Constitution; and Section 11(1)(d)(iii) that promote public awareness and participation in the activities of the county assembly; and Section 11(1)(e) do such other things as may be necessary for the well-being of the members and staff of the county assembly. Section 11(2)(a) the national values and principles of governance set out in Article 10 of the Constitution; and Section 11(2)(b) the values and principles of...

Section 12. Powers of the Board as a body corporate Section acquire, hold, charge and dispose of movable and immovable property;

Section 13. Committees of the Board Section 13(1) The Board may from time to time establish such committees it may consider necessary for the better carrying out of its functions and the exercise of its powers under this Act. Section 13(2) The Board may co-opt into the membership of any committee established under subsection (1) any person whose knowledge and skills are necessary for the proper performance of the functions of the Board. Section 13(3) A person co-opted under subsection (2) shall have no right to vote at any meeting of the committee.

Section 14. Seal of the Board Section 14(1) The seal of the Board shall be such device as may be determined by the Board and shall be kept by the Secretary. Section 14(2) The affixing of the seal shall be authenticated by the Secretary. Section 14(3) Any document purporting to be under the seal of the Board or issued on behalf of the Board shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved.

Section 15. Allowances for the members of the Board Section Members of the Board shall be paid such allowances as the Salaries and Remuneration Commission may determine.

Section 16. Conduct of business and affairs of the Board Section The conduct of business and affairs of the Board shall be as set out in the Second Schedule.

Section 17. Functions of the Secretary Section 17(1)(a) the chief executive officer of the Board; Section 17(1)(b) the accounting officer of the Board; Section 17(1)(c) the administrative head of the Service; Section 17(1)(d) the custodian of the Board's records; Section 17(1)(e) the execution of the decisions of the Board; and Section 17(1)(e)(i) the execution of the decisions of the Board; and Section 17(1)(e)(ii) assignment of duties and supervision of the staff of the Board; Section 17(1)(f) the preparation and submission of the programmes necessary for the achievement of the Board's mandate for approval by the Board; Section 17(1)(g) causing to be kept records of the proceedings and minutes of the meetings of the Board and such other records as the Board may direct; Section 17(1)(h) ensuring staff compliance with public service values, principles and ethics; and Section 17(1)(i) the performance of such other duties as may be assigned by the Board or any other written law. Section 17(2) The Secretary shall be responsible to the chairperson of the Board and the Board for the general working and efficient conduct of business of the Service. Section 17(3) The Board may delegate to...

Section 18. Appointment Section 18(1) The nomination of a person for appointment as a Clerk of the county assembly under section 13 of the County Governments Act (Cap. 265) shall be done through an open, transparent and competitive recruitment process. Section 18(2) The name of a person nominated by the Board for appointment as the Clerk of the county assembly shall be submitted to the county assembly for approval in accordance with the Standing Orders of the county assembly. Section 18(3) The Board shall, within seven days of receipt of the resolution of the county assembly approving a person for appointment as Clerk of the county assembly, appoint that person as Clerk of the county assembly.

Section 19. Functions of the Clerk Section the chief administrative officer of the county assembly; and

Section 20. Procedural Functions of the Clerk Section 20(1)(a) the rendering of expert, non-partisan and impartial advice to the members of the county assembly on the legislative process, and parliamentary procedure and practice; and Section 20(1)(b) the carrying out such other duties and exercising powers as may be conferred on him or her by law or by the Standing Orders and practices of the county assembly. Section 20(2) In carrying out the functions specified in subsection (1), the Clerk shall be assisted by such other officers of the Service as may be necessary. Section 20(3) Subject to this Act and any other written law, the Clerk shall, in carrying out and exercising the power conferred on him or her by the Standing Orders and practices of the county assembly, be under the direction of the Speaker. Section 20(4) At any time when the office of the Speaker is vacant or the holder of the office is unable for any reason to carry out the duties and exercise the powers and functions of his or her office, the Clerk shall, during that period and in relation to the carrying out of the duties and exercise of the powers and functions referred to in this section, be under the direction o...

Section 21. Exercise of functions of a Clerk during vacancy or inability Section If the office of the Clerk is vacant, or if for any reason the Clerk is unable to exercise the functions of his or her office, the Deputy Clerk or, in the absence of the Deputy Clerk, any other officer in the Service appointed by the Board may exercise all the functions, duties and powers of the Clerk.

Section 22. Suspension or removal of the Clerk Section inability to perform the functions of the office, whether arising from infirmity of body or mind;

Section 23. Procedure for removal of the Clerk Section 23(1)(a) frame a charge or charges against the Clerk; Section 23(1)(b) forward the statement of the said charge or charges to the Clerk together with a brief statement of the allegations in support of the charges; Section 23(1)(c) invite the Clerk to respond to the allegations in writing setting out the grounds on which the Clerk relies to exculpate himself or herself; and Section 23(1)(d) invite the Clerk to appear before the Board, either personally or with an advocate as he or she may opt, on a day to be specified, to exculpate himself or herself. Section 23(2) If the Clerk does not furnish a reply to the charge or charges within the period specified, or if in the opinion of the Board the Clerk fails to exculpate himself or herself, the Board shall submit a notice of a motion to the Speaker seeking that the county assembly revokes the appointment of the Clerk. Section 23(3)(a) the grounds set out in section 21 in which the Clerk is in breach; and Section 23(3)(b) the facts constituting that ground. Section 23(4) Upon notice of the motion under subsection (2), the Speaker shall refer the matter to a select committee of the as...

Section 24. Offices in the Service Section 24(1) The Board shall establish such offices in the Service as it considers necessary or expedient for the efficient performance of the functions of the Service. Section 24(2) The offices established under subsection (1) shall be set out in the organisational structure established by the Board. Section 24(3)(a) allocate functions to a directorate or department of the Service; and Section 24(3)(b) make such arrangements as appear to the Board expedient in connection with the creation, division, amalgamation or abolition of any directorate or department of the Service. Section 24(4) The Board shall, for the purposes of reviewing the organisational structure under subsection (3), appoint a reputable human resource firm to advise on the effectiveness and efficiency of the intended review.

Section 25. County assembly schemes of service Section 25(1)(a) the appointment and confirmation in appointment of officers and other staff; Section 25(1)(b) promotions, resignations and termination of appointments; Section 25(1)(c) secondment of staff and transfer of service; Section 25(1)(d) the scales of salaries and allowances; and Section 25(1)(e) the designation and grades of officers and other staff. Section 25(2) The Secretary shall be responsible for the administration of the schemes of service for the staff of the Service.

Section 26. Social security scheme Section shall establish a contributory pension scheme for all its employees;

Section 27. Disciplinary control of officers Section 27(1) The Board shall exercise disciplinary control over the officers of the Service. Section 27(2) The Board may terminate the employment of an employee of the Service in accordance with the provisions of this Act and the Regulations made thereunder. Section 27(3) The provisions of Article 236 of the Constitution shall apply in relation to the exercise of the powers conferred on the Board under this section.

Section 28. Establishment of the Management Committee Section 28(1) The Board shall establish a committee to be known as the Management Committee which shall be responsible for advising the Board on matters relating to the functions and powers of the Board under sections 11 and 12 . Section 28(2) The Management Committee shall consist of the Clerk, the deputy clerk, heads of departments and such other officers as the Board may determine.

Section 29. Establishment of the Staff Advisory Committee Section appointment, including acting appointment, promotion and transfer of employees;

Section 30. Retirement and resignation of employees Section 30(1) An employee shall retire from the Service on attaining the age of sixty years. Section 30(2)(a) after attaining the age of fifty years, elect to retire from the Service at any time; or Section 30(2)(b) in such manner as may be prescribed, resign from the Service at any time. Section 30(3) The Board may, subject to subsection (4), require an employee to retire from the Service at any time. Section 30(4)(a) done in such manner and for such reasons as may be prescribed; and Section 30(4)(b) upon payment of all the benefits owing to the officer at the time of retirement and such other exit package as may be prescribed.

Section 31. Financial estimates Section 31(1) At least three months before the commencement of each financial year the Secretary to the Board shall cause to be prepared, estimates of all the expenditure required for the purposes of this Act for that year, and shall present such estimates to the Board for review. Section 31(2) The Secretary shall ensure that the budgeting process is all inclusive and that it respects the principle of public participation. Section 31(3) The Board shall review the estimates forwarded under sub-section(1) and may make such alterations thereto as it may consider necessary, and shall thereafter forward them to the county assembly for approval. Section 31(4) The Secretary shall provide the County Treasury with a copy of estimates as reviewed by the Board under subsection (3). Section 31(5) Upon the approval of the estimates by the county assembly, all monies from time to time required for the purposes of this Act, shall be paid from the Consolidated Fund into the County Assembly Fund.

Section 32. Accounts and audit Section 32(1) The Board shall cause to be kept all proper books of accounts of the income, expenditure and assets of the Board. Section 32(2)(a) submit to the Auditor-General the accounts of the Board for the year with copies to the County Treasury, Controller of Budget and Commission on Revenue Allocation; and Section 32(2)(b) publish and publicize the financial statement. Section 32(3) In preparing the financial statement for the County Assembly Fund, the Secretary shall ensure that the report contains information on the financial and non-financial performance of the Fund.

Section 33. Remuneration of staff Section 33(1) The employees of the Services shall be paid such remuneration and allowances as shall be determined by the Board on the advice of the Salaries and Remuneration Commission. Section 33(2) The terms and conditions of employees of the Service shall be reviewed every three years or within such shorter period as the Board may determine.

Section 34. Establishment of a County Assembly Fund Section 34(1) There is established for each county, a fund to be known as the County Assembly Fund. Section 34(2)(a) any grants, gifts, donations or bequests; Section 34(2)(b) monies from investments of the Board and such fees imposed or levies administered by the Board; and Section 34(2)(c) such monies as may, in the future, be appropriated from the Revenue Fund established for each county. Section 34(3) There shall be paid out of the fund such administrative expenses as may be incurred by the Board under this Act or under any other law. Section 34(4) The administrator of the fund shall ensure that the earnings and accruals of the fund are retained in the fund and spent only for the purposes for which the fund is established.

Section 35. Legal proceedings against the Board Section 35(1) Proceedings against the Board shall be commenced in the name of the Board. Section 35(2) Any notice or other processes in respect of legal proceedings under subsection (1) shall be served upon the Secretary to the Board.

Section 36. Annual report of operations of the Board Section 36(1) Within three months after the end of each calendar year, the Board shall prepare and lay before the county assembly, a report of its operations during that year. Section 36(2)(a) the activities the Board has undertaken; Section 36(2)(b) an evaluation on the extent to which the values and principles referred to in Articles 10 and 232 of the Constitution are complied with in the public service; Section 36(2)(c) information relating to performance of the Service and attendant challenges; and Section 36(2)(d) any other information that the Board may consider relevant.

Section 37. Designated member may present documents, etc., in the county assembly Section lay before the county assembly any document or other matter;

Section 38. Oath of office for members of the Board Section 38(1) The Chairperson, vice-chairperson and members shall, before assuming office, take and subscribe to the oath or affirmation of office prescribed in the Third Schedule. Section 38(2) The Secretary and such other officers of the Board as the Board may require so to do, shall, on first appointment, take an oath in the form prescribed in the Third Schedule to this Act. Section 38(3) Where any person required to take an oath has no religious belief or the taking of such oath is contrary to his religious belief, he or she may make and subscribe a solemn affirmation in the form of the oath appointed substituting the words "solemnly and sincerely declare and affirm" for the word "swear" and omitting the words "So help me God". Section 38(4) Every oath or affirmation taken by the Chairperson shall be administered by the secretary and every oath or affirmation taken by any other member or the secretary shall be administered by the Chairperson. Section 38(5) Every oath or affirmation taken by any other officer shall be administered by the secretary.

Section 39. Power to order attendance of witnesses Section The Board or any committee thereof may, subject to section 43 , order any person to attend before it and to give evidence or to produce any paper, book, record or document in the possession or under the control of that person.

Section 40. Privileges of witnesses Section Every person summoned to attend to give evidence or to produce any paper, book, record or document before the Board or a committee thereof shall be entitled, in respect of that evidence or the disclosure of any communication or the production or any paper, book, record or document to the same right or privilege as before a court of law.

Section 41. Evidence of proceedings in the Board not to be given without leave Section 41(1) A member or an officer of the Service or any person employed to take minutes or evidence before the Board or any committee shall not give evidence elsewhere in respect of the contents of those minutes or evidence or of the contents of any document laid before the Board or that committee or in respect of any proceedings or examination held before the Board or that committee without special leave first obtained from the chairperson. Section 41(2) The special leave referred to in subsection (1) may be given by the vice-chairperson in the absence or other incapacity of the chairperson.

Section 42. Protection of members and staff of the Board Section 42(1) Any act or thing done by any member of the Board or by any officer or servant of the Board shall not, if the act or thing was done in good faith for the purposes of carrying out this Act into effect, subject him or her personally to any liability, action, claim or demand whatsoever. Section 42(2) The provisions of subsection (1) shall not relieve the Board of the liability to pay compensation or damages to any person for an injury suffered by them, their property, or any of their interests arising directly or indirectly from the exercise of any power conferred by this Act.

Section 43. Offences and penalties under the Act Section 43(1)(a) in connection with an application by himself or herself or any other person for employment, appointment or promotion in the Service, or in connection with any matter on which it is the duty of the Board to require information or evidence or into which it is the duty of the Board to inquire, wilfully gives to the Board or to any member thereof any information which is false or misleading in any material particular; Section 43(1)(b) in a manner contrary to the provisions of this Act, publishes or discloses to any unauthorised person or otherwise than in the course of duty the contents or any part of the contents of any document, communication or information whatsoever which has come to his knowledge in the course of his or her duties under this Act, and any person who knowingly acts in contravention of this paragraph; Section 43(1)(c) having possession of any information which to his or her knowledge has been published or disclosed in contravention of paragraph (b) of this section, publishes or communicates to any other person otherwise than for the purpose of any prosecution under this Act or in the course of his or h...

Section 44. Examination and other panels Section 44(1) The Board may, in such manner as it deems fit, make provision for examinations and appoint such selection, promotion or other panels as it considers necessary for the proper discharge of its functions. Section 44(2) A panel appointed under subsection (1) may wholly or in part consist of persons who are not members of the Board.

Section 45. Regulations by the Board Section 45(1) The Board may make Regulations generally for the better carrying out of the provisions of this Act. Section 45(2)(a) anything required by this Act to be prescribed; Section 45(2)(b) the conduct of the business of the Board; Section 45(2)(c) the administration and management of the services and facilities; Section 45(2)(d) the terms and conditions of service, pension and other retirement benefits of employees; Section 45(2)(e) the measures for the discipline of employees; Section 45(2)(f) the financial procedures of the Board; Section 45(2)(g) the orientation and training of members of the county assembly and employees; Section 45(2)(h) the security of members of county assembly; Section 45(2)(i) the handling of the assets and other resources of the Board; Section 45(2)(j) the delegation of the Board's functions or powers; Section 45(2)(k) public participation and outreach; and Section 45(2)(l) any other matter required under the Constitution, this Act or any other written law. Section 45(3)(a) the authority of the Board to make regulations shall be limited to bringing into effect the provisions of this Act and the fulfilment of the...

Section 48. Transition and savings Section 48(1) Subject to subsection (2), each county assembly shall appoint the members of a County Assembly Service Board under sections 12(3)(b), (c) and (d) of the County Governments Act (Cap. 265) within thirty days after the commencement of this Act. Section 48(2) Upon the commencement of this Act and before the first general elections held after the coming into force of this Act, a person, who immediately before the commencement of this Act served as a member of a County Assembly Service Board appointed under sections 12 (3)(b), (c) and (d) of the County Governments Act (Cap. 265) in force before the commencement of this Act, shall continue to serve as a member of the Board, as one of the persons appointed under sections 12(3)(b), (c) and (d) .