County Governments Act

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

Section 2. Interpretation Section the holder of the office of county chief officer in a county department; or

Section 3. Object and purpose of the Act Section provide for matters necessary or convenient to give effect to Chapter Eleven of the Constitution pursuant to Article 200 of the Constitution;

Section 4. County symbols Section 4(1)(a) the county flag; Section 4(1)(b) county coat of arms; and Section 4(1)(c) the county public seal. Section 4(2)(a) develop the symbols of the county through a consultative process; Section 4(2)(b) submit the symbol to the county assembly for approval; and Section 4(2)(c) apply to the College of Arms for a grant of arms in accordance with section 4 of the College of Arms Act ( Cap. 98 ). Section 4(3) The county legislation enacted under subsection (1) shall provide for the use of the county symbols in the same manner as provided for in the National Flag, Emblems and Names Act ( Cap. 99 ). Section 4(4) A county symbol shall not be the same as, or bear a likeness or similarity to a national symbol. [Act No. 7 of 2016 , Sch., Act No. 11 of 2020 , s. 2.]

Section 5. Functions of county governments Section 5(1) A county government shall be responsible for any function assigned to it under the Constitution or by an Act of Parliament. Section 5(2)(a) county legislation in accordance with Article 185 of the Constitution; Section 5(2)(b) exercising executive functions in accordance with Article 183 of the Constitution; Section 5(2)(c) functions provided for in Article 186 and assigned in the Fourth Schedule of the Constitution; Section 5(2)(d) any other function that may be transferred to county governments from the national government under Article 187 of the Constitution; Section 5(2)(e) any functions agreed upon with other county governments under Article 189(2) of the Constitution; and Section 5(2)(f) establishing and staffing its public service as contemplated under Article 235 of the Constitution. Section 5(3) A county government may seek assistance from the Kenya Law Reform Commission in the development or reform of county legislation under subsection (2)(a). [Act No. 7 of 2016 , Sch.]

Section 6. Powers of county governments Section 6(1) As an entity exercising constitutional authority, a county government shall be a body corporate with perpetual succession and shall have all the powers necessary for the discharge of its functions. Section 6(2)(a) enter into a contract; Section 6(2)(b) acquire, purchase or lease any land; or Section 6(2)(c) delegate any of its functions to its officers, decentralised units or other entities within the county. Section 6(3) A county government may enter into partnerships with any public or private organization in accordance with the provisions of any law relating to public or private partnerships for any work, service or function for which it is responsible within its area of jurisdiction. Section 6(4) All contracts lawfully entered into under this section shall be valid and binding on the county government, its successors and assigns. Section 6(5)(a) establish a company, firm or other body for the delivery of a particular service or carrying on of a particular function; or Section 6(5)(b) contract any person, company, firm or other body for the delivery of a particular service or carrying on a particular function. Section 6(6) In...

Section 6A. Location of county governments Section 6A(1) Each of the county governments shall be located in the respective physical location set out in the Third Schedule. Section 6A(2) A County Assembly may, by a resolution supported by at least two-thirds of the members of the County Assembly and with the approval of Parliament, transfer the headquarters of the county government from the physical location specified in the Third Schedule to such other physical location as it may consider appropriate. Section 6A(3) A County Assembly shall, before passing a resolution under subsection (2), facilitate public participation. Section 6A(4) The county Governor shall confer the status of an urban area to the seat of the physical location of the county government in accordance with the provisions set out in the Urban Areas and Cities Act (Cap. 275). [Act No. 1 of 2016 , s. 3.]

Section 7. Membership of the county assembly Section 7(1)(a) six nominated members as contemplated in Article 177(c) of the Constitution; and Section 7(1)(b) the speaker, who is an ex officio member elected in accordance with Article 178 of the Constitution. Section 7(2)(a) community and cultural diversity of the county is reflected in the county assembly; and Section 7(2)(b) there is adequate representation to protect minorities within the county in accordance with Article 197 of the Constitution. Section 7(3) The number of members nominated under subsection (1)(a) shall be reviewed to accord with the number of Wards determined by the Independent Electoral and Boundaries Commission under section 26 (3)(a). [Act No. 17 of 2016 , s. 2, Act No. 11 of 2020 , s. 4.]

Section 8. Role of the county assembly Section 8(1)(a) vet and approve nominees for appointment to county public offices as may be provided for in this Act or any other law; Section 8(1)(b) perform the roles set out under Article 185 of the Constitution; Section 8(1)(c) approve the budget and expenditure of the county government in accordance with Article 207 of the Constitution, and the legislation contemplated in Article 220(2) of the Constitution, guided by Articles 201 and 203 of the Constitution; Section 8(1)(d) approve the borrowing by the county government in accordance with Article 212 of the Constitution; Section 8(1)(e) approve county development planning; and Section 8(1)(f) perform any other role as may be set out under the Constitution or legislation. Section 8(2) If a county assembly fails to enact any particular legislation required to give further effect to any provision of this Act, a corresponding national legislation, if any, shall with necessary modifications apply to the matter in question until the county assembly enacts the required legislation.

Section 9. Role of members of the county assembly Section 9(1)(a) maintain close contact with the electorate and consult them on issues before or under discussion in the county assembly; Section 9(1)(b) present views, opinions and proposals of the electorate to the county assembly; Section 9(1)(c) attend sessions of the county assembly and its committees; Section 9(1)(d) provide a linkage between the county assembly and the electorate on public service delivery; and Section 9(1)(e) extend professional knowledge, experience or specialised knowledge to any issue for discussion in the county assembly. Section 9(2)(a) executive functions of the county government and its administration; or Section 9(2)(b) delivery of services as if the member were an officer or employee of the county government. Section 9(3) Members of a county assembly shall be sworn in by the county assembly clerk on the first sitting of the county assembly, in the manner set out in the Schedule to this Act. Section 9(4) Deleted by ActNo. 11 of 2020, s. 5. Section 9(5) Deleted by ActNo. 11 of 2020, s. 5. [Act No. 11 of 2020 , s. 5.]

Section 10. County assembly party leaders Section 10(1) There shall be in each county assembly a leader of the majority party and a leader of the minority party. Section 10(2) The leader of the majority party shall be the person who is the leader of the largest party or coalition of parties in the county assembly. Section 10(3) The leader of the minority party shall be the person who is the leader of the second largest party or coalition of parties in the county assembly. Section 10(4)(a) the speaker of the county assembly; Section 10(4)(b) the leader of the majority party; and Section 10(4)(c) the leader of the minority party.

Section 11. Vacation of office of speaker Section 11(1)(a) when a new county assembly first meets after an election; Section 11(1)(b) if the office holder is disqualified from being elected as a member of a county assembly on grounds specified under Article 193(2) of the Constitution; Section 11(1)(c) if the county assembly so resolves by a resolution supported by at least two-thirds of all the members of the county assembly; Section 11(1)(d) if the office holder resigns from office in a letter addressed to the county assembly; or Section 11(1)(e) if the office holder dies. Section 11(2)(a) gross violation of the Constitution or any other law; Section 11(2)(b) incompetence; Section 11(2)(c) gross misconduct; Section 11(2)(d) if convicted of an offence punishable by imprisonment for at least six months; or Section 11(2)(e) inability to perform the functions of the office of speaker arising from mental or physical incapacity. Section 11(3)(a) be given in writing to the clerk of the county assembly; Section 11(3)(b) be signed by at least one third of all the members of the county assembly; and Section 11(3)(c) state the grounds for removal as specified in subsection (2). Section 11(4)...

Section 12. The county assembly service board Section 12(1) There shall be a county assembly service board for each county assembly. Section 12(2) The county assembly service board shall be a body corporate with perpetual succession and a common seal. Section 12(3)(a) the Speaker of the county assembly, as the Chairperson; Section 12(3)(b) a vice-Chairperson elected by the Board from the members appointed under paragraph (c); Section 12(3)(c) two members of the county assembly nominated by the political parties represented in the county assembly according to their proportion of members in the county assembly; and Section 12(3)(d) one man and one woman appointed by the county assembly from amongst persons who are experienced in public affairs, but are not members of the county assembly. Section 12(3A) The members of the Board appointed under section 12 (3)(d) shall serve on a part-time basis. Section 12(4) The county assembly clerk shall be the secretary to the county assembly service board. Section 12(5)(a) at the end of the term of the county assembly; or Section 12(5)(a)(i) at the end of the term of the county assembly; or Section 12(5)(a)(ii) if the person ceases to be a member...

Section 13. Clerk and staff of the county assembly Section 13(1) There shall be a clerk of the county assembly, appointed by the county assembly service board with the approval of the county assembly. Section 13(2)(a) is a citizen of Kenya; Section 13(2)(b) holds a degree from a university recognised in Kenya or its equivalent; Section 13(2)(c) has had at least five years relevant professional experience; Section 13(2)(d) meets the requirements of leadership and integrity set out in Chapter Six of the Constitution. Section 13(3) The functions and powers of the clerk of a county assembly shall be as set out under section 19 of the County Assembly Services Act (Cap. 265D). Section 13(4) For the purposes of this Act, the clerk of a county assembly is an authorized officer. Section 13(5) The office of the clerk of the county assembly and the offices of members of the staff of the clerk of the county assembly shall be offices in the county assembly service board. Section 13(6) The remuneration of the clerk and staff of the county assembly shall be determined by the county assembly service board upon the advice of the Salaries and Remuneration Commission. [Act No. 24 of 2017 , s. 47.]

Section 14. Procedure and committees of the county assembly Section 14(1)(a) may make standing orders consistent with the Constitution and this Act regulating the procedure of the county assembly including, in particular, orders for the proper conduct of proceedings; and Section 14(1)(b) subject to standing orders made under paragraph (a), may establish committees in such manner and for such general or special purposes as it considers fit, and regulate the procedure of any committee so established. Section 14(2)(a) there being a vacancy in its membership at the particular time; or Section 14(2)(b) the presence or participation at the particular time of a person not entitled to be present at, or to participate in, the proceedings of the county assembly. Section 14(3)(a) the appointment shall be considered first by a committee of the county assembly; Section 14(3)(b) the committee’s recommendation shall be tabled before the county assembly for approval; and Section 14(3)(c) the proceedings of the committee and the county assembly shall be open to the public. Section 14(4) The county assembly shall in establishing committees under this section ensure that each member of the county ass...

Section 15. Right to petition county assembly Section 15(1) A person has a right to petition a county assembly to consider any matter within its authority, including enacting, amending or repealing any of its legislation. Section 15(2) The procedure for the exercise of the right to petition a county assembly under subsection (1) shall be as set out in the Petition to County Assemblies (Procedure) Act (Cap. 274) and in the Standing Orders of the relevant county assembly. [Act No. 15 of 2020 , s. 7.]

Section 16.[Deleted by ActNo. 6 of 2017, s. 39.]

Section 17.[Deleted by ActNo. 6 of 2017, s. 39.]

Section 18. Official languages of a county assembly Section 18(1) The official languages of a county assembly shall be Kiswahili, English and Kenyan sign language and the business of the county assembly may be conducted in English, Kiswahili and Kenyan sign language. Section 18(2) No business of the county assembly or any of its committees or other organs may be conducted or transacted in a language other than the official languages. Section 18(3) In case of a conflict between different language versions of a county legislation, the version in which the legislation was originally enacted prevails. Section 18(4) The verbatim report of the proceedings of a county assembly shall be recorded in the official language in which it was presented.

Section 19. Quorum Section The quorum of a county assembly is one third of all the members of the county assembly.

Section 20. Voting in a county assembly Section 20(1) Except as otherwise provided in the Constitution, in this Act or in other legislation, any question proposed for decision by the county assembly shall be determined by a majority of the members of the county assembly present and voting. Section 20(2)(a) the speaker of the county assembly has no vote; and Section 20(2)(b) in the case of a tie, the question is lost. Section 20(3)(a) at all times observe the principles of integrity including those set out in Chapter Six of the Constitution; and Section 20(3)(b) promptly declare to the speaker any interest that the member has in any matter being discussed in the county assembly. Section 20(4) A member of a county assembly shall not vote on any question in which the member has a pecuniary interest.

Section 21. Procedure for the exercise of legislative powers Section 21(1) A county assembly shall exercise its legislative power through Bills passed by the county assembly and assented to by the Governor. Section 21(2) A Bill may be introduced by any member or committee of the county assembly, but a money Bill may be introduced only in accordance with subsection (4). Section 21(3) In the case of a money Bill, the county assembly may proceed only in accordance with the recommendation of the relevant committee of the county assembly after taking into account the views of the county executive committee member responsible for finance. Section 21(4)(a) taxes; Section 21(4)(b) the imposition of charges on a public fund or the variation or repeal of any of those charges; Section 21(4)(c) the appropriation, receipt, custody, investment or issue of public money; Section 21(4)(d) the raising or guaranteeing of any loan or its repayment; or Section 21(4)(e) matters incidental to any of those matters.

Section 22. Bill to have a title Section A Bill introduced in the county assembly shall be identified by a title placed at the beginning of the Bill and the title shall include the subject matter of the statute to be enacted.

Section 23. Publication of a Bill Section A Bill shall be published by including the Bill as a supplement in the county Gazette and the Kenya Gazette .

Section 24. Assenting to a Bill Section 24(1) The Speaker shall, within fourteen days, forward a Bill passed by the county assembly to the Governor. Section 24(2)(a) assent to the Bill; or Section 24(2)(b) refer the bill back to the county assembly with a memorandum outlining reasons for the referral. Section 24(3)(a) amend the Bill taking into account the issues raised by the Governor; or Section 24(3)(b) pass the Bill without amendment. Section 24(4) If a county assembly amends the Bill taking into consideration the issues raised by the Governor, the speaker shall within fourteen days submit the Bill to the Governor for assent. Section 24(5) If a county assembly passes the Bill a second time, without amendment, or with amendments which do not accommodate the Governor’s concerns by a vote supported by two-thirds of members of the county assembly, the speaker shall within seven days re-submit the Bill to the Governor and the Governor shall within seven days assent to the Bill. Section 24(6) If the Governor does not assent to a Bill or refer it back within the period referred to under this section, the Bill shall be taken to have been assented to on the expiry of that period.

Section 25. Coming into force of a law Section 25(1) A legislation passed by the county assembly and assented to by the Governor shall be published in the county Gazette and Kenya Gazette within seven days after assent. Section 25(2) Subject to subsection (3), the county assembly legislation shall come into force on the fourteenth day after its publication in the Kenya Gazette unless the legislation stipulates a different date on, or time at which, it shall come into force. Section 25(3) A county assembly legislation that confers a direct benefit whether financial or in kind on members of the county assembly shall come into force after the next general election of members of the county assembly. Section 25(4) Subsection (3) does not apply to an interest that members of county assembly have as members of the public. [Act No. 11 of 2020 , s. 8.]

Section 11A. Vacation of office of deputy speaker Section 11A(1)(a) the office holder vacates office pursuant to Article 194 of the Constitution; or Section 11A(1)(b) the county assembly so resolves by a resolution supported by at least two-thirds of all the members of the county assembly. Section 11A(2) Section 11 (2) to (8) shall, with necessary modifications, apply to the removal of a deputy speaker under subsection (1)(b). [Act No. 11 of 2020 , s. 7.]

Section 7A. County Assemblies to be duly constituted at first sitting Section 7A(1) A county assembly shall not be fully and duly constituted for the first sitting after a general election unless all the members provided for under paragraphs (b) and (c) of Article 177(1) of the Constitution have been duly nominated and their names published in the Gazette . Section 7A(2) Sub-section (1) shall not apply where the nomination of a member of a county assembly under paragraphs (b) and (c) of Article 177(1) of the Constitution is the subject of a court order stopping or otherwise pending the nomination of the member. Section 7A(3) Despite sub-section (1), a county assembly shall be deemed to be fully and duly constituted for first sitting notwithstanding the death, on or before the date of the first sitting of the county assembly, of a member nominated under paragraphs (b) and (c) of Article 177(1) of the Constitution. [Act No. 17 of 2016 , s. 3.]

Section 7B. Location of sitting of a county assembly Section 7B(1)(a) the place of sitting within the county as set out in the Third Schedule; and Section 7B(1)(b) the date of the first sitting of the new county assembly, which shall not be more than thirty days from the date on which the county assembly shall be fully constituted as provided for under section 7A . Section 7B(2) Except for a sitting of a new county assembly under subsection (1), a sitting of a county assembly may be held at any place within the county and may commence at any time as the county assembly may appoint. [Act No. 11 of 2020 , s. 3.]

Section 9A. Speaker and deputy speaker Section 9A(1) The speaker of a county assembly shall be elected, in accordance with standing orders of the respective county assemblies, from among persons who are eligible to be elected as members of a county assembly but are not such members. Section 9A(2) There shall be a deputy speaker for each county assembly who shall be elected by the county assembly, in accordance with standing orders of the respective county assemblies, from among the members of that county assembly. Section 9A(3) In the absence of the speaker, the deputy speaker shall preside at the sitting of the county assembly. Section 9A(4) In the absence of the speaker and deputy speaker, members of the county assembly shall elect, from among themselves, a person to preside at the sitting of the county assembly. [Act No. 11 of 2020 , s. 6.]

Section 26. Number and delimitation of electoral Wards, etc Section 26(1) There shall be not more than one thousand four hundred and fifty electoral Wards for purposes of the election of county assembly members. Section 26(2) For purposes of the first general elections under the Constitution, the Independent Electoral and Boundaries Commission (in this Part referred to as the "Commission") shall ensure that each county comprises at least ten Wards. Section 26(3)(a) ensure that no county shall comprise less than twenty-five Wards; and Section 26(3)(b) be completed at least twelve months before a general election of county assembly members. Section 26(4) The requirements under subsection (3) above shall not apply to the review of Ward boundaries preceding the first election under this Act. Section 26(5) If a general election is to be held within twelve months after the completion of a review by the Commission, the new boundaries shall take effect in the subsequent election. Section 26(6)(a) geographical features and urban centres; Section 26(6)(b) community of interest, historical, economic and cultural ties; and Section 26(6)(c) means of communication. Section 26(7)(a) forty per cen...

Section 27. Recall of a county assembly member Section 27(1) The electorate in a county ward may recall their member of the county assembly before the end of the term of the member on any of the grounds specified in subsection (2). Section 27(2)(a) gross violation of the Constitution or any other law; Section 27(2)(b) incompetence; Section 27(2)(c) gross misconduct; or Section 27(2)(d) if convicted of an offence punishable by imprisonment for at least six months. Section 27(3) Deleted by ActNo. 11 of 2020, s. 9. Section 27(4) A recall under subsection (1) shall only be initiated twenty-four months after the election of the member of the county assembly and not later than twelve months immediately preceding the next general election. Section 27(5) A recall petition shall not be filed against a member of the county assembly more than once during the term of that member in the county assembly. Section 27(6) Deleted by ActNo. 11 of 2020, s. 9. [Act No. 11 of 2020 , s. 9.]

Section 28. Petition for recall Section 28(1)(a) in writing; Section 28(1)(b) signed by a petitioner who is a voter in the ward in respect of which the recall is sought; Section 28(1)(c) deleted by ActNo. 11 of 2020, s. 10. Section 28(2)(a) specify the grounds for the recall as specified under section 27 (2); Section 28(2)(b) contain a list of such number of names of voters in the Ward which shall represent at least thirty percent of the registered voters in that Ward; and Section 28(2)(c) be accompanied by the fee prescribed for an election petition. Section 28(3) The list of names referred to in subsection (2)(b) shall contain the names, address, national identity card or passport number and signature of the voters supporting the petition. Section 28(4) The voters supporting a petition under subsection (3) shall represent the diversity of the people in the Ward. Section 28(5) The petitioner shall collect and submit to the Commission the list of names under subsection (2)(b) within a period of thirty days after filing the petition. Section 28(6) The Commission shall verify the list of names within a period of thirty days of receipt of that list. Section 28(7) The Commission, if sa...

Section 29. Recall elections Section 29(1) Where a member of the county assembly is to be recalled under section 27 , the Independent Electoral and Boundaries Commission shall frame the question to be determined at the recall election. Section 29(2) A question referred to in subsection (1) shall be framed in such a manner as to require the answer "yes" or the answer "no". Section 29(3) The Commission shall assign a symbol for each answer to the recall question. Section 29(4) The voting at a recall election shall be by secret ballot. Section 29(5) A recall election shall be decided by a simple majority of the voters voting in the recall election. Section 29(6) Where a recall election results in the removal of a member of the county assembly, the Commission shall conduct a by-election in the affected Ward. Section 29(7) A member of the county assembly who has been recalled may run in the by-election conducted under subsection (6).

Section 93. Principles of public communication Section integration of communication in all development activities;

Section 94. Objectives of county communication Section create awareness on devolution and governance;

Section 95. County communication framework Section 95(1)(a) television stations; Section 95(1)(b) information communication technology centres; Section 95(1)(c) websites; Section 95(1)(d) community radio stations; Section 95(1)(e) public meetings; and Section 95(1)(f) traditional media. Section 95(2) The county government shall encourage and facilitate other means of mass communication including traditional media.

Section 96. Access to information Section 96(1) Every Kenyan citizen shall on request have access to information held by any county government or any unit or department thereof or any other State organ in accordance with Article 35 of the Constitution. Section 96(2) Every county government and its agencies shall designate an office for purposes of ensuring access to information as required by subsection (1). Section 96(3) Subject to national legislation governing access to information, a county government shall enact legislation to ensure access to information. Section 96(4) A county legislation enacted pursuant to subsection (3), may impose reasonable fees or charges for accessing information held by the county government, its departments or agencies.

Section 97. Inclusion and integration of minorities and marginalized groups Section protection of marginalized and minority groups from discrimination and from treatment of distinction of any kind, including language, religion, culture, national or social origin, sex, caste, birth, descent or other status;

Section 30. Functions and responsibilities of a county Governor Section 30(1) Deleted by ActNo. 4 of 2019, s. 22 (a). Section 30(2)(a) diligently execute the functions and exercise the authority provided for in the Constitution and legislation; Section 30(2)(b) perform such State functions within the county as the President may from time to time assign on the basis of mutual consultations; Section 30(2)(c) represent the county in national and international fora and events; Section 30(2)(d) appoint, with the approval of the county assembly, the county executive committee in accordance with Article 179(2)(b) of the Constitution; Section 30(2)(e) constitute the county executive committee portfolio structure to respond to the functions and competencies assigned to and transferred to each county; Section 30(2)(f) submit the county plans and policies to the county assembly for approval; Section 30(2)(g) consider, approve and assent to bills passed by the county assembly; Section 30(2)(h) chair meetings of the county executive committee; Section 30(2)(i) by a decision notified in the county Gazette , assign to every member of the county executive committee, responsibility to ensure the di...

Section 31. Powers of the Governor Section may dismiss a county executive committee member;

Section 32. Functions of the deputy Governor Section 32(1) Deleted by ActNo. 4 of 2019, s. 22 (b). Section 32(2) The deputy Governor shall deputize for the Governor in the execution of the Governor’s functions. Section 32(3) The Governor may assign the deputy Governor any other responsibility or portfolio as a member of the county executive committee. Section 32(4) When acting in office as contemplated in Article 179(5) of the Constitution, the deputy Governor shall not exercise any powers of the Governor, to nominate, appoint or dismiss, that are assigned to the Governor under the Constitution or other written law. Section 32(5) The Governor shall not delegate to the deputy Governor any of the functions referred to in subsection (4). [Act No. 7 of 2016 , Sch., Act No. 4 of 2019 , s. 22(b).]

Section 33. Removal of a Governor Section 33(1) A member of the county assembly may by notice to the speaker, supported by at least a third of all the members, move a motion for the removal of the Governor under Article 181 of the Constitution. Section 33(2)(a) the speaker of the county assembly shall inform the Speaker of the Senate of that resolution within two days; and Section 33(2)(b) the Governor shall continue to perform the functions of the office pending the outcome of the proceedings required by this section. Section 33(3)(a) the Speaker of the Senate shall convene a meeting of the Senate to hear charges against the Governor; and Section 33(3)(b) the Senate, by resolution, may appoint a special committee comprising eleven of its members to investigate the matter. Section 33(4)(a) investigate the matter; and Section 33(4)(b) report to the Senate within ten days on whether it finds the particulars of the allegations against the Governor to have been substantiated. Section 33(5) The Governor shall have the right to appear and be represented before the special committee during its investigations. Section 33(6)(a) have not been substantiated, further proceedings shall not be t...

Section 34. Exercise of executive authority Section in accordance with the Constitution and relevant national and county legislation;

Section 35. Appointment of county executive members Section 35(1)(a) ensure that to the fullest extent possible, the composition of the executive committee reflects the community and cultural diversity of the county; and Section 35(1)(b) take into account the principles of affirmative action as provided for in the Constitution. Section 35(2)(a) not more than two thirds of either gender; Section 35(2)(b) representation of the minorities, marginalized groups and communities; and Section 35(2)(c) community and cultural diversity within the county. Section 35(3)(a) is a Kenyan citizen; Section 35(3)(b) is a holder of at least a first degree from a university recognised in Kenya; Section 35(3)(c) satisfies the requirements of Chapter Six of the Constitution; and Section 35(3)(d) has knowledge, experience and a distinguished career of not less than five years in the field relevant to the portfolio of the department to which the person is being appointed. Section 35(4) A member of the county executive committee shall not hold any other State or public office.

Section 36. Functions of the executive committee Section 36(1)(a) supervise the administration and delivery of services in the county and all decentralized units and agencies in the county; Section 36(1)(b) perform any other functions conferred on it by the Constitution or national legislation; and Section 36(1)(c) carry out any function incidental to any of the assigned functions. Section 36(2) In the performance of its functions, a county executive committee shall have power to determine its own programme of activities and every member of the committee shall observe integrity and disclosure of interest in any matter before the committee.

Section 37. Role of the executive committee in urban area or city planning Section monitor the process of planning, formulation and adoption of the integrated development plan by a city or municipality within the county;

Section 38. Oath of office for the executive committee Section A person appointed as a member of the county executive committee under Article 179 of the Constitution shall take the prescribed oath or affirmation of office provided in the First Schedule to this Act before assuming office. [Act No. 7 of 2016 , Sch.]

Section 39. Accountability of members of the executive committee Section 39(1) The members of the county executive committee are individually and collectively accountable to the Governor in the exercise of their powers and performance of their duties and responsibilities. Section 39(2)(a) attend or appear before the committee; and Section 39(2)(b) answer any question relating to the member’s responsibilities.

Section 40. Removal of member of executive committee Section 40(1) Deleted by ActNo. 11 of 2020, s. 14. Section 40(2)(a) gross violation of the Constitution or any other law; Section 40(2)(b) incompetence; Section 40(2)(c) abuse of office; Section 40(2)(d) gross misconduct; or Section 40(2)(e) if convicted of an offence punishable by imprisonment for at least six months. Section 40(3)(a) the county assembly shall appoint a select committee comprising five of its members to investigate the matter; and Section 40(3)(b) the select committee shall report, within ten days, to the county assembly whether it finds the allegations against the county executive committee member to be substantiated. Section 40(4) The county executive committee member has the right to appear and be represented before the select committee during its investigations. Section 40(5)(a) unsubstantiated, no further proceedings shall be taken; or Section 40(5)(b) substantiated, the county assembly shall vote whether to approve the resolution requiring the county executive committee member to be dismissed. Section 40(6)(a) the speaker of the county assembly shall promptly deliver the resolution to the Governor; and Sec...