These linked webpages can be related to different topics, categories, or sections, allowing users to navigate and explore different content within the constitution of Kenya, 2010CHAPTER FOUR—THE BILL OF RIGHTS PART 1—GENERAL PROVISIONS RELATING TO THE BILL OF RIGHTS
PART 2—RIGHTS AND FUNDAMENTAL FREEDOMS
PART 3—SPECIFIC APPLICATION OF RIGHTS
PART 4—STATE OF EMERGENCY PART 5—KENYA NATIONAL HUMAN RIGHTS AND EQUALITY COMMISSION CHAPTER FIVE—LAND AND ENVIRONMENT PART 1—LAND
PART 2— ENVIRONMENT AND NATURAL RESOURCES CHAPTER SIX—LEADERSHIP AND INTEGRITY
CHAPTER SEVEN—REPRESENTATION OF THE PEOPLE PART 1—ELECTORAL SYSTEM AND PROCESS
PART 2—INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION AND DELIMITATION OF ELECTORAL UNITS
PART 3—POLITICAL PARTIES CHAPTER EIGHT—THE LEGISLATURE PART 1—ESTABLISHMENT AND ROLE OF PARLIAMENT
PART 2—COMPOSITION AND MEMBERSHIP OF PARLIAMENT
PART 3—OFFICES OF PARLIAMENT PART 4—PROCEDURES FOR ENACTING LEGISLATION
PART 5—PARLIAMENT’S GENERAL PROCEDURES AND RULES
PART 6—MISCELLANEOUS CHAPTER NINE—THE EXECUTIVE PART 1—PRINCIPLES AND STRUCTURE OF THE NATIONAL EXECUTIVE PART 2—THE PRESIDENT AND DEPUTY PRESIDENT
PART 3—THE CABINET
PART 4—OTHER OFFICES CHAPTER TEN—JUDICIARY PART 1—JUDICIAL AUTHORITY AND LEGAL SYSTEM
PART 2—SUPERIOR COURTS
PART 3—SUBORDINATE COURTS PART 4—JUDICIAL SERVICE COMMISSION CHAPTER ELEVEN—DEVOLVED GOVERNMENT PART 1—OBJECTS AND PRINCIPLES OF DEVOLVED GOVERNMENT PART 2—COUNTY GOVERNMENTS
PART 3—FUNCTIONS AND POWERS OF COUNTY GOVERNMENTS
PART 4—THE BOUNDARIES OF COUNTIES PART 5—RELATIONSHIPS BETWEEN GOVERNMENTS
PART 6—SUSPENSION OF COUNTY GOVERNMENTS PART 7—GENERAL
CHAPTER TWELVE—PUBLIC FINANCE PART I—PRINCIPLES AND FRAMEWORK OF PUBLIC FINANCE
PART 2—OTHER PUBLIC FUNDS
PART 3—REVENUE-RAISING POWERS AND THE PUBLIC DEBT
PART 4—REVENUE ALLOCATION
PART 5—BUDGETS AND SPENDING
PART 6—CONTROL OF PUBLIC MONEY
PART 7— FINANCIAL OFFICERS AND INSTITUTIONS CHAPTER THIRTEEN—THE PUBLIC SERVICE PART 1—VALUES AND PRINCIPLES OF PUBLIC SERVICE PART 2—THE PUBLIC SERVICE COMMISSION
PART 3—TEACHERS SERVICE COMMISSION CHAPTER FOURTEEN—NATIONAL SECURITY PART 1—NATIONAL SECURITY ORGANS
PART 2—THE KENYA DEFENCE FORCES PART 3—THE NATIONAL INTELLIGENCE SERVICE PART 4—THE NATIONAL POLICE SERVICE CHAPTER FIFTEEN—COMMISSIONS AND INDEPENDENT OFFICES
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Understanding Chapter 11 of the Kenya Constitution 2010: Empowering Devolved Government for Effective GovernanceCHAPTER ELEVEN—DEVOLVED GOVERNMENT PART 1—OBJECTS AND PRINCIPLES OF DEVOLVED GOVERNMENT
PART 2—COUNTY GOVERNMENTS
PART 3—FUNCTIONS AND POWERS OF COUNTY GOVERNMENTS
PART 4—THE BOUNDARIES OF COUNTIES
PART 5—RELATIONSHIPS BETWEEN GOVERNMENTS
PART 6—SUSPENSION OF COUNTY GOVERNMENTS
PART 7—GENERAL
Review;Chapter 11 of the Kenya Constitution 2010 is dedicated to the establishment and functioning of devolved government in Kenya. This chapter recognizes the importance of decentralizing power and resources to ensure effective governance, equitable distribution of resources, and enhanced checks and balances.
According to the available documents, the principles of devolved government are outlined in Section 175 of Chapter 11. These principles include the following:
The purpose of devolved government, as outlined in the available documents, is to ensure accessible services throughout Kenya, equitable sharing of national and local resources, and the decentralization of state organs, their functions, and services from the capital. Devolved government also aims to enhance checks and balances and the separation of powers, promoting effective governance at both the national and county levels. Chapter 11 of the Kenya Constitution 2010 recognizes the importance of devolved government in promoting inclusive and participatory governance. It empowers county governments to have their own legislative and executive arms, allowing them to make decisions and provide services that are responsive to the needs of their respective counties. In conclusion, Chapter 11 of the Kenya Constitution 2010 focuses on the establishment and functioning of devolved government in Kenya. It emphasizes the principles of democratic governance, financial autonomy, and gender representation in county governments. The chapter aims to ensure effective governance, equitable distribution of resources, and enhanced checks and balances. By decentralizing power and resources, Kenya seeks to promote inclusive and participatory governance at both the national and county levels. Citation: The Kenya Constitution, 2010 PART 7—GENERALEnhancing Governance and Accountability: Provisions for Legislation on Chapters in the Kenya Constitution 2010LEGISLATION ON CHAPTER.
EXPLAINED;The Kenya Constitution 2010 recognizes the importance of enacting legislation to effectively implement various aspects covered in the Chapters. Parliament is tasked with enacting legislation that addresses all matters necessary or convenient to give effect to these Chapters, which includes provisions related to governance, transfer of powers, election procedures, and the suspension of assemblies and executive committees.
The first provision states that Parliament shall enact legislation to provide for all matters necessary or convenient to give effect to the Chapter. This emphasizes the importance of having specific laws in place to effectively implement the provisions and objectives outlined within each Chapter. This legislative framework ensures clarity, consistency, and accountability in the governance of cities, urban areas, transfer of powers, election procedures, and the functioning of assemblies and executive committees. Regarding the governance of cities and urban areas, the Constitution allows for legislation to be enacted that governs the capital city, as well as other cities and urban areas. This provision recognizes the unique needs and challenges faced by urban centers and empowers the government to establish governance structures and regulations that are tailored to these environments. The transfer of functions and powers between different levels of government is another significant aspect addressed in the legislation on Chapters. This provision allows for the transfer of legislative powers from the national government to county governments. It enables the decentralization of power and authority, promoting local decision-making and accountability. The legislation specifies the mechanisms and procedures for transferring these powers, ensuring a smooth transition and effective governance at the county level. Election procedures for county governments are also covered in the legislation on Chapters. The Constitution mandates that legislation can be enacted to regulate the manner of election or appointment of individuals to offices in county governments. This includes provisions related to the qualifications of voters and candidates, ensuring fair and transparent elections that uphold the principles of democracy and inclusivity. Additionally, the legislation on Chapters addresses the procedure and functioning of assemblies and executive committees. This includes aspects such as the chairing and frequency of meetings, quorums, and voting procedures. These provisions aim to establish a clear framework for the effective functioning of county assemblies and executive committees, promoting accountability and efficient decision-making. Lastly, the Constitution allows for legislation on the suspension of assemblies and executive committees. This provision enables the government to take necessary action in exceptional circumstances where the functioning of these bodies may be compromised or suspended temporarily. The legislation provides guidelines and procedures for such suspensions, ensuring that they are conducted within the bounds of the Constitution and safeguarding the principles of good governance and democracy. In conclusion, the provisions in the Kenya Constitution 2010 regarding legislation on Chapters emphasize the importance of enacting specific laws to effectively implement various aspects of governance, transfer of powers, election procedures, and the functioning of assemblies and executive committees. These provisions ensure transparency, accountability, and efficient governance at the county level, fostering democratic principles and promoting the well-being of citizens. Citation: The Kenya Constitution, 2010 PART 7—GENERALEnsuring Transparency and Legitimacy: The Provisions for Publication of County Legislation in the Kenya Constitution 2010PUBLICATION OF COUNTY LEGISLATION.
EXPLAINED;The Kenya Constitution 2010 emphasizes the importance of transparency and legitimacy in the governance of counties, including the publication of county legislation. The provisions in the Constitution outline the requirements for the publication of county legislation to ensure accessibility and awareness among the public.
According to the Constitution, county legislation does not take effect unless it is published in the Gazette. This requirement serves as a crucial step in the enactment of county laws and regulations, as it ensures that the legislation is accessible to the public and stakeholders. By publishing county legislation in the Gazette, it becomes official and legally recognized. Furthermore, the Constitution acknowledges the possibility of additional requirements regarding the publication of county legislation. Both national and county legislation have the authority to prescribe these additional requirements. This provision allows for flexibility in the publication process, enabling national and county governments to establish specific guidelines or procedures to further enhance transparency and accessibility. These additional requirements may include provisions for the manner and format of publication, the duration for public notice, or any other measures deemed necessary for effective dissemination of county legislation. By providing this provision, the Constitution recognizes the dynamic nature of governance and the need to adapt to changing circumstances or advancements in communication methods. The publication of county legislation in the Gazette and the potential for additional requirements not only ensures transparency but also promotes legitimacy. It enables the public to have access to the laws and regulations governing their counties, allowing for informed participation and accountability. In conclusion, the provisions in the Kenya Constitution 2010 regarding the publication of county legislation highlight the significance of transparency and accessibility in governance. By requiring county legislation to be published in the Gazette and allowing for additional requirements, the Constitution ensures that the public is well-informed about the laws and regulations that govern their counties. This provision fosters transparency, legitimacy, and active citizen engagement in the county legislative processes. Citation: The Kenya Constitution, 2010 PART 7—GENERALCompetence of the Executive Committee during a Transition Period: The Provisions in the Kenya Constitution 2010COUNTY GOVERNMENT DURING TRANSITION.
EXPLAINED;According to the provisions in the Kenya Constitution 2010, the competence of the executive committee of a county government during a transition period is outlined. The Constitution ensures the continuity of administrative functions until a new executive committee is constituted after an election.
As stated in the document, while an election is being held to constitute a county assembly, the executive committee of the county, as last constituted, remains competent to perform administrative functions. This provision ensures that there is no interruption in the day-to-day operations and governance of the county during the transition period. The executive committee, which consists of appointed members responsible for managing and coordinating the functions of the county administration, continues to fulfill its duties until a new executive committee is constituted after the election. This allows for the smooth running of administrative affairs and ensures that essential services are not disrupted. It is important to note that the primary purpose of the executive committee during the transition period is to handle administrative functions. The committee's role is to implement county legislation, manage the county administration and its departments, and perform any other functions conferred on it by the Constitution or national legislation, as outlined in Article 183 of the Kenya Constitution 2010. Once the election process is completed, and a new county assembly is constituted, a new executive committee will be formed. At this point, the newly constituted executive committee will assume the responsibility of overseeing the governance and administration of the county. In conclusion, the Kenya Constitution 2010 ensures the competence and continuity of the executive committee of a county government during a transition period. By allowing the last constituted executive committee to perform administrative functions until a new committee is constituted after an election, the Constitution ensures the smooth running of county affairs and the uninterrupted provision of services to the citizens. This provision enables a seamless transition of governance and promotes effective county administration. Citation: The Kenya Constitution, 2010 PART 7—GENERALPromoting Gender Balance and Diversity in County Assemblies: The Provisions in the Kenya Constitution 2010COUNTY ASSEMBLY GENDER BALANCE AND DIVERSITY.
EXPLAINED;In the Kenya Constitution 2010, provisions have been made to promote gender balance and diversity in county assemblies. These provisions aim to ensure fair representation and the inclusion of diverse communities within county governance structures.
According to Article 197(1), it is stated that not more than two-thirds of the members of any county assembly or county executive committee shall be of the same gender. This provision recognizes the importance of equal gender representation, preventing any one gender from dominating decision-making processes within county assemblies. This ensures a more balanced and inclusive approach to governance, with perspectives from both men and women being considered. Furthermore, the Constitution directs Parliament to enact legislation to address gender balance and diversity. Article 197(2)(a) emphasizes the need to ensure that the community and cultural diversity of a county is reflected in its county assembly and county executive committee. This provision recognizes the importance of representing the various communities and cultures within a county, ensuring that their voices are heard in decision-making processes. Additionally, Article 197(2)(b) highlights the need to prescribe mechanisms to protect minorities within counties. This provision acknowledges the significance of safeguarding the rights and interests of minority groups within county governance structures. Legislation is required to establish these mechanisms, ensuring that minorities have a fair and equal opportunity to participate in county affairs and that their concerns are effectively addressed. These provisions in the Kenya Constitution 2010 reflect the commitment to promoting gender balance and diversity within county assemblies. By ensuring fair representation and protecting the rights of minorities, these provisions contribute to a more inclusive and democratic governance system at the county level. In conclusion, the Kenya Constitution 2010 recognizes the importance of gender balance and diversity in county assemblies. The provisions outlined in Article 197 aim to ensure fair representation and the inclusion of diverse communities. By enacting legislation to address these provisions, the Constitution promotes a more inclusive and representative county governance system. Citation: The Kenya Constitution, 2010 PART 7—GENERALFacilitating Public Participation: Powers, Privileges, and Immunities of County Assemblies in KenyaPUBLIC PARTICIPATION AND COUNTY ASSEMBLY POWERS, PRIVILEGES AND IMMUNITIES.
EXPLAINED;The Kenya Constitution, 2010 emphasizes the importance of public participation in county assemblies and their legislative and other business. County assemblies are entrusted with powers, privileges, and immunities that enable them to conduct their affairs in an open and inclusive manner, thereby facilitating public participation.
According to Article 196(1) of the constitution, a county assembly is required to conduct its business in an open manner and hold its sittings and committee meetings in public. This provision ensures transparency and accountability in the decision-making process. By allowing the public to observe the proceedings, county assemblies create opportunities for citizens to witness firsthand the discussions and debates that shape local governance. Furthermore, county assemblies are mandated to facilitate public participation and involvement in their legislative and other business, as stated in Article 196(1)(b). This provision acknowledges the importance of engaging citizens in decision-making processes, ensuring that their voices are heard and their concerns are addressed. County assemblies serve as platforms for citizens to share their views, opinions, and suggestions, allowing for a more inclusive and representative governance system. To promote openness and inclusivity, county assemblies are prohibited from excluding the public or media from any sitting, except in exceptional circumstances where the speaker determines that there are justifiable reasons to do so, as stated in Article 196(2). This provision ensures that the public has access to the proceedings and can actively participate in the democratic processes of their county assemblies. Additionally, the Kenya Constitution, 2010 recognizes the importance of supporting county assemblies in fulfilling their responsibilities related to public participation. Article 196(3) stipulates that Parliament has the obligation to enact legislation providing for the powers, privileges, and immunities of county assemblies, their committees, and members. This legislation serves as a framework to ensure that county assemblies have the necessary tools and protections to carry out their work effectively, while also safeguarding the rights and interests of the public. In conclusion, the Kenya Constitution, 2010 grants county assemblies the powers, privileges, and immunities necessary to facilitate public participation in their legislative and other business. By conducting their affairs in an open manner, including the public and media, and enacting legislation to support their functioning, county assemblies create an environment that encourages citizens' active involvement in local governance. This commitment to public participation fosters transparency, accountability, and a more inclusive decision-making process at the county level. Citation: The Kenya Constitution, 2010 PART 7—GENERALThe Powers of a County Assembly in Kenya to Summon Witnesses and Gather InformationCOUNTY ASSEMBLY POWER TO SUMMON WITNESSES.
EXPLAINED;According to the Kenya Constitution, 2010, a county assembly possesses the power to summon witnesses and gather information. This power is outlined in Article 195, which states that a county assembly or any of its committees has the authority to summon any person to appear before it for the purpose of giving evidence or providing information.
In exercising this power, a county assembly is granted the same powers as the High Court. These powers include:
It is important to note that these powers are subject to the provisions of the Kenya Constitution, 2010, and must be exercised within the boundaries of the law. The assembly must adhere to the principles of fairness, due process, and respect for the rights of individuals when summoning witnesses and gathering information. In conclusion, the Kenya Constitution, 2010 grants county assemblies the power to summon witnesses and gather information. This power enables the assembly to fulfill its legislative and oversight functions effectively. By possessing the same powers as the High Court, a county assembly can enforce witness attendance, examine witnesses, compel document production, and even request the examination of witnesses abroad. These powers promote transparency, accountability, and the gathering of reliable information for informed decision-making. Citation: The Kenya Constitution, 2010 PART 7—GENERALCircumstances for Vacating the Office of a Member of a County Assembly in KenyaVACATION OF OFFICE OF MEMBER OF COUNTY ASSEMBLY.
EXPLAINED;According to the provisions of the Kenya Constitution, 2010, the office of a member of a county assembly can become vacant under various circumstances. These circumstances are outlined in Article 194.
Firstly, the office becomes vacant if the member dies. This is a straightforward condition that occurs in the unfortunate event of a member's passing. Secondly, if a member is absent from eight sittings of the assembly without permission, in writing, from the speaker of the assembly, and is unable to offer a satisfactory explanation for the absence, their office becomes vacant. This provision ensures that members actively participate and fulfill their responsibilities in the assembly. Thirdly, a member's office becomes vacant if they are removed from office under the Constitution or legislation enacted under Article 80. This allows for the removal of members who have violated the Constitution or relevant legislation. Furthermore, if a member resigns in writing and addresses the letter to the speaker of the assembly, their office becomes vacant. This provision allows members to voluntarily step down from their position. In addition, if a member was elected to the assembly as a member of a political party and resigns from the party or is deemed to have resigned from the party as determined in accordance with the legislation contemplated in clause (2), their office becomes vacant. Similarly, if a member was elected as an independent candidate and joins a political party, their office also becomes vacant. These provisions ensure that members adhere to their political affiliations or maintain their independent status during their term in the assembly. At the end of the term of the assembly, the office of a member becomes vacant. This occurs when the assembly's term comes to a close, and new elections are held. Finally, if a member becomes disqualified for election on grounds specified in Article 193 (2), their office becomes vacant. Article 193 (2) outlines various disqualifications for individuals seeking election as members of a county assembly. It is important to note that Parliament is required to enact legislation to provide for the circumstances under which a member of a political party shall be deemed to have resigned from the party for the purposes of clause (1) (e). This legislation ensures clarity and consistency in determining party resignations. In conclusion, the Kenya Constitution, 2010 specifies the circumstances under which the office of a member of a county assembly becomes vacant. These circumstances include death, absence without permission, resignation, joining a political party, reaching the end of the assembly's term, and disqualification. By outlining these conditions, the Constitution aims to ensure the smooth functioning and integrity of the county assembly. Citation: The Kenya Constitution, 2010 PART 7—GENERALQualifications for Election as a Member of a County Assembly in KenyaQUALIFICATIONS FOR ELECTION AS MEMBER OF COUNTY ASSEMBLY.
EXPLAINED;According to the Kenya Constitution, 2010, there are specific qualifications that individuals must meet to be eligible for election as members of a county assembly. These qualifications are outlined in Article 193.
Firstly, a person must be registered as a voter to be eligible for election. This requirement ensures that candidates have actively participated in the electoral process and have fulfilled their civic duty. Additionally, candidates must satisfy any educational, moral, and ethical requirements prescribed by the Constitution or an Act of Parliament. This provision emphasizes the importance of having individuals with the necessary knowledge, values, and integrity to effectively serve as members of the county assembly. Furthermore, candidates can be either nominated by a political party or run as independent candidates supported by at least five hundred registered voters in the ward concerned. This requirement ensures that candidates have the backing and support of the electorate in their respective wards. However, there are certain disqualifications that can prevent individuals from being elected as members of a county assembly. These disqualifications are outlined in clause (2) of Article 193. Some of the disqualifications include being a State officer or other public officer (excluding a member of the county assembly), holding office as a member of the Independent Electoral and Boundaries Commission within the preceding five years, and not being a citizen of Kenya for at least the ten years immediately preceding the date of election. Other disqualifications include being of unsound mind, being an undischarged bankrupt, serving a sentence of imprisonment of at least six months, and being found to have misused or abused a State office or public office or to have contravened Chapter Six of the Constitution. It is important to note that a person is not disqualified under clause (2) unless all possibilities of appeal or review of the relevant sentence or decision have been exhausted. This provision ensures that individuals have the opportunity to present their case and challenge any adverse decisions before being permanently disqualified. In conclusion, the Kenya Constitution, 2010 sets out clear qualifications for individuals seeking election as members of a county assembly. These qualifications include being a registered voter, satisfying educational, moral, and ethical requirements, and being nominated by a political party or supported by a significant number of registered voters. However, certain disqualifications exist to safeguard the integrity and credibility of the county assembly. It is crucial for candidates to understand and comply with these qualifications to ensure a fair and transparent electoral process. Citation: The Kenya Constitution, 2010 PART 6—SUSPENSION OF COUNTY GOVERNMENTSProvisions for the Suspension of a County Government According to the Kenya Constitution, 2010SUSPENSION OF A COUNTY GOVERNMENT.
EXPLAINED;According to the Kenya Constitution, 2010, the provisions for the suspension of a county government are outlined in Article 192. The President has the power to suspend a county government in two circumstances. Firstly, in an emergency arising out of internal conflict or war, and secondly, in any other exceptional circumstances.
However, a county government cannot be suspended under the second circumstance unless certain conditions are met. An independent commission of inquiry must investigate the allegations against the county government. The President, after being satisfied that the allegations are justified, can authorize the suspension. Additionally, the Senate must also authorize the suspension. During a suspension, arrangements must be made for the performance of the functions of the county government in accordance with an Act of Parliament. This ensures that the governance and service delivery of the county continue despite the suspension. It is important to note that the suspension of a county government is not indefinite. The Senate has the power to terminate the suspension at any time. Furthermore, a suspension under Article 192 cannot extend beyond a period of ninety days. This time limit ensures that the county government is not indefinitely deprived of its functions and allows for the resumption of normal governance. Upon the expiry of the suspension period, elections for the relevant county government must be held. This ensures that the democratic process is restored and allows the people to choose their representatives for the county government. In conclusion, the Kenya Constitution, 2010 provides clear provisions for the suspension of a county government. The President can suspend a county government in certain circumstances, but this can only be done after an independent commission of inquiry has investigated the allegations and the Senate has authorized the suspension. The suspension is time-limited and arrangements must be made for the continued performance of county government functions. Ultimately, the goal is to ensure the resumption of normal governance through elections once the suspension period ends. Citation: The Kenya Constitution, 2010 PART 5—RELATIONSHIPS BETWEEN GOVERNMENTSResolving Conflicts between National and County Legislation in the Kenya Constitution, 2010CONFLICT OF LAWS.
EXPLAINED;In the Kenya Constitution, 2010, specific provisions are laid out to address conflicts between national and county legislation. These provisions aim to ensure a harmonious relationship between the different levels of government and promote effective governance within the country. According to Article 191(1) of the Constitution, conflicts between national and county legislation arise in matters falling within the concurrent jurisdiction of both levels of government. This means that when both the national and county governments have the authority to legislate on the same issue, conflicts may arise. To resolve these conflicts, the Constitution states that national legislation will prevail over county legislation under certain conditions. Firstly, if the national legislation applies uniformly throughout Kenya and satisfies any of the conditions specified in clause (3) of Article 191(2). Secondly, if the national legislation aims to prevent unreasonable actions by a county that may be prejudicial to the economic, health, or security interests of Kenya or another county, or impedes the implementation of national economic policy. The conditions referred to in clause (2)(a) of Article 191(3) include situations where the national legislation addresses matters that cannot be effectively regulated by individual county legislation. Additionally, if the national legislation requires uniformity across the nation to effectively address a particular matter, it can prevail over county legislation by establishing norms, standards, national policies, or if it is necessary for purposes such as national security, economic unity, protection of the common market, promotion of economic activities across county boundaries, equal opportunity or equal access to government services, or the protection of the environment. On the other hand, county legislation will prevail over national legislation if neither of the circumstances contemplated in clause (2) of Article 191 applies. In resolving conflicts between legislation of different levels of government, courts are directed to prefer a reasonable interpretation of the legislation that avoids conflict. The aim is to seek a harmonious interpretation that upholds the principles of effective governance and cooperation between the national and county governments. It is important to note that a court's decision that a provision of legislation from one level of government prevails over a provision from another level of government does not invalidate the other provision. Instead, the conflicting provision becomes inoperative to the extent of the inconsistency. The Kenya Constitution, 2010 provides a framework for addressing conflicts between national and county legislation, ensuring that the interests of both levels of government are considered and that effective governance is maintained. By promoting cooperation and consultation, these provisions aim to foster harmonious relations between the national and county governments in the best interest of the Kenyan people. Citation: The Kenya Constitution, 2010
PART 5—RELATIONSHIPS BETWEEN GOVERNMENTSSupport and Intervention for County Governments in the Kenya Constitution 2010SUPPORT FOR COUNTY GOVERNMENTS.
EXPLAINED;The Kenya Constitution, 2010 includes provisions to ensure that county governments receive adequate support and operate effective financial management systems. These provisions aim to enhance the proper functioning and financial management of county governments.
According to the Constitution, Parliament is responsible for enacting legislation to guarantee that county governments have the necessary support to fulfill their functions effectively. This legislative support is crucial for county governments to carry out their responsibilities and provide essential services to the citizens. Furthermore, county governments are required to operate financial management systems that comply with the requirements prescribed by national legislation. This ensures transparency, accountability, and efficient management of financial resources within the county governments. In cases where a county government is unable to perform its functions or does not comply with the prescribed financial management requirements, the national government is empowered to intervene. Parliament, through legislation, provides for this intervention mechanism. The legislation allows the national government to take appropriate steps to ensure that the county government's functions are performed and that it operates a financial management system in compliance with the prescribed requirements. If necessary, the national government can assume responsibility for the relevant functions of the county government. The legislation also includes important safeguards and requirements for the intervention process. It mandates that notice must be given to a county government regarding any measures that the national government intends to take. This ensures transparency and allows the county government to be aware of the intervention plans. Additionally, the legislation permits the national government to take only necessary measures, ensuring that the intervention is proportionate and focused on addressing the specific challenges faced by the county government. When intervening, the national government is required to take measures that will assist the county government in resuming full responsibility for its functions. This approach aims to support the county government in overcoming its challenges and improving its performance. Furthermore, the legislation provides for a process by which the Senate can bring an end to the intervention by the national government. This ensures that there is oversight and accountability in the intervention process, allowing for a democratic and collaborative approach to resolving issues faced by county governments. In conclusion, the Kenya Constitution, 2010 recognizes the importance of supporting county governments and ensuring their proper functioning and financial management. Parliament is responsible for enacting legislation to provide adequate support, while also establishing mechanisms for intervention in cases of underperformance or non-compliance. These provisions promote transparency, accountability, and effective governance within county governments, ultimately aiming to enhance service delivery and the well-being of the citizens. Citation: The Kenya Constitution, 2010 PART 5—RELATIONSHIPS BETWEEN GOVERNMENTSCooperation and Dispute Resolution Mechanisms between National and County Governments in the Kenya Constitution, 2010COOPERATION BETWEEN NATIONAL AND COUNTY GOVERNMENTS.
EXPLAINED;Cooperation between national and county governments is crucial for the effective governance and development of Kenya. The Kenya Constitution, 2010, outlines provisions that promote collaboration, define respective functions and powers, and establish dispute resolution mechanisms between these two levels of government.
According to the Constitution, both national and county governments have a responsibility to perform their functions and exercise their powers in a manner that respects the functional and institutional integrity of the other level of government. They are also required to respect the constitutional status and institutions of government at the other level. This provision ensures that both levels of government work together harmoniously, avoiding any encroachment on each other's jurisdiction and maintaining the constitutional integrity of both. Furthermore, the Constitution emphasizes the importance of assistance, support, and consultation between government levels. Each government is expected to assist, support, and consult the other level as appropriate. Moreover, they are required to implement the legislation of the other level of government, promoting consistency and coherence in governance across the country. To facilitate cooperation, the Constitution allows for the establishment of joint committees and joint authorities. These entities enable government at each level, as well as different county governments, to collaborate in the performance of functions and exercise of powers. Joint committees and joint authorities serve as platforms for coordination, information exchange, and policy coherence between national and county governments. In the event of a dispute between governments, the Constitution mandates that every reasonable effort must be made to settle the dispute. This includes utilizing procedures provided under national legislation. The Constitution recognizes that disputes may arise from time to time, and it emphasizes the importance of resolving them amicably to maintain peace and stability in the country. To ensure effective dispute resolution, the Constitution requires national legislation to provide procedures for settling inter-governmental disputes through alternative dispute resolution mechanisms. These mechanisms encompass negotiation, mediation, and arbitration. By encouraging peaceful and collaborative methods of dispute resolution, the Constitution aims to foster a spirit of cooperation and maintain the integrity of the governance system. In conclusion, the Kenya Constitution, 2010, establishes provisions for cooperation, functions, powers, and dispute resolution mechanisms between the national and county governments. It emphasizes the need for mutual respect, assistance, and consultation, as well as the establishment of joint committees and joint authorities. Moreover, it encourages the settlement of disputes through alternative dispute resolution mechanisms. These provisions promote effective governance, coordination, and collaboration between the national and county governments, ultimately contributing to the development and progress of Kenya. Citation: The Kenya constitution, 2010 PART 4—THE BOUNDARIES OF COUNTIESThe Criteria and Process for Altering County Boundaries in Kenya According to the Kenya Constitution, 2010BOUNDARIES OF COUNTIES.
EXPLAINED;According to the Kenya Constitution, 2010, the boundaries of a county in Kenya can only be altered through a specific process and must meet certain criteria. The alteration process is carefully outlined to ensure that it takes into account various factors that contribute to effective governance and service delivery at the county level.
The first requirement for altering the boundaries of a county is the recommendation by an independent commission set up for that purpose by Parliament. This commission plays a crucial role in assessing and determining whether there is a need to alter the boundaries of a county. To proceed with the alteration, a resolution must be passed by both the National Assembly and the Senate with the support of at least two-thirds of all members of each respective body. This emphasizes the importance of broad consensus and support for any changes to county boundaries. The Kenya Constitution, 2010 also outlines specific criteria that should be considered when altering county boundaries. These criteria include:
In conclusion, altering the boundaries of counties in Kenya is a well-defined process outlined in the Kenya Constitution, 2010. It requires a recommendation from an independent commission, followed by the support of the National Assembly and the Senate. The alteration process considers various factors, including population density, infrastructure, historical and cultural ties, the cost of administration, community views, the objects of devolution, and geographical features. By adhering to these criteria, the aim is to ensure effective governance and service delivery at the county level. Citation: The Kenya Constitution, 2010. PART 3—FUNCTIONS AND POWERS OF COUNTY GOVERNMENTSTransfer of Functions and Powers between Levels of Government in Kenya According to the Kenya Constitution, 2010TRANSFER OF FUNCTIONS AND POWERS BETWEEN LEVELS OF GOVERNMENT.
EXPLAINED;According to the Kenya Constitution, 2010, there are provisions for the transfer of functions and powers between levels of government in Kenya. This transfer can occur through an agreement between the governments involved, subject to certain conditions.
The first condition for transferring a function or power from one level of government to another is that the receiving government should be more effective in performing or exercising that particular function or power. This means that the transfer must be based on the understanding that the receiving government has the capacity, resources, and expertise to carry out the function or power in a more efficient and effective manner. The second condition is that the transfer should not be prohibited by the legislation under which the function or power is to be performed or exercised. This ensures that the transfer is in line with the legal framework and does not contradict any existing laws or regulations. When a function or power is transferred from one level of government to another, certain arrangements need to be put in place. These arrangements are necessary to ensure that the resources required for the performance of the function or exercise of the power are transferred along with it. This ensures that the receiving government has the necessary means to carry out the transferred function or power effectively. Although a function or power may be transferred to another level of government, the constitutional responsibility for the performance of that function or exercise of that power remains with the government to which it is assigned by the Fourth Schedule. The Fourth Schedule of the Kenya Constitution, 2010 outlines the distribution of functions between the national government and county governments. This provision ensures that the government to which the function or power is assigned remains ultimately responsible for its execution, even if it is carried out by another level of government. The provisions for the transfer of functions and powers between levels of government in Kenya aim to enhance coordination, efficiency, and effectiveness in the governance and service delivery systems. By allowing the transfer of functions and powers, the Constitution recognizes that certain responsibilities can be better handled at the appropriate level of government, whether it is the national government or the county governments. In conclusion, the Kenya Constitution, 2010 provides provisions for the transfer of functions and powers between levels of government. The transfer can occur through an agreement between the governments involved, with the receiving government being more effective in carrying out the function or power. The transfer should not be prohibited by legislation, and arrangements must be made to ensure the necessary resources are transferred. However, the constitutional responsibility for the performance of the function or exercise of the power remains with the government to which it is assigned by the Fourth Schedule. Citation: The Kenya Constitution, 2010. PART 3—FUNCTIONS AND POWERS OF COUNTY GOVERNMENTSFunctions and Powers of National and County Governments in Kenya According to the Kenya Constitution, 2010RESPECTIVE FUNCTIONS AND POWERS OF NATIONAL AND COUNTY GOVERNMENTS.
Explained;According to the Kenya Constitution, 2010, the functions and powers of the national government and county governments are outlined in the Fourth Schedule, unless otherwise specified. This schedule provides a clear delineation of responsibilities for each level of government, ensuring effective governance and accountability.
Each level of government has its own set of functions and powers. The national government is responsible for matters such as foreign affairs, foreign policy, international trade, immigration and citizenship, national defense, police services (including recruitment and training), and the judiciary, among others. These functions and powers are designed to address national-level issues and ensure consistency and uniformity across the country. On the other hand, county governments have their own set of functions and powers as well. These include areas such as agriculture, health services, control of air and noise pollution, disaster management, management of county resources, and development and management of county infrastructure and institutions. These functions and powers are geared towards addressing local-level needs and fostering development and progress within each county. In cases where a function or power is conferred on more than one level of government, it is considered to be within the concurrent jurisdiction of each of those levels. This means that both the national government and county governments have the authority to exercise that specific function or power. This concurrent jurisdiction is important for collaboration and coordination between the two levels of government to ensure effective governance and service delivery. It is worth noting that any function or power that is not explicitly assigned to a county by the Constitution or national legislation remains the responsibility of the national government. This ensures that there is no ambiguity in the distribution of functions and powers between the national and county governments, and that the national government retains authority over matters that require a unified or nationwide approach. Additionally, the Kenya Constitution, 2010 recognizes the role of Parliament in legislating for the entire country. Parliament has the power to enact laws that affect the Republic as a whole, regardless of whether the function or power is assigned to the national or county government. This allows Parliament to provide legal frameworks and regulations that support the effective functioning of the country and address any gaps or issues that may arise. In conclusion, the Kenya Constitution, 2010 provides a clear framework for the respective functions and powers of the national government and county governments. The Fourth Schedule outlines these functions and powers, ensuring that each level of government has its own areas of responsibility. Concurrent jurisdiction exists for functions and powers shared by both levels, and Parliament has the authority to legislate for the entire country. This constitutional framework aims to promote effective governance, coordination, and development at both the national and county levels. Citation: The Kenya Constitution, 2010. PART 2—COUNTY GOVERNMENTSLegislative Authority and Functions of County Assemblies According to the Kenya Constitution, 2010LEGISLATIVE AUTHORITY OF COUNTY ASSEMBLIES.
EXPLAINED;According to the Kenya Constitution, 2010, the legislative authority of a county is vested in its county assembly. County assemblies have the power and responsibility to make laws that are necessary for the effective performance of the functions and exercise of the powers of the county government, as outlined in the Fourth Schedule.
This legislative authority grants county assemblies the ability to make laws that are incidental to the functions and powers of the county government. These laws are crucial in ensuring the smooth execution of county functions and the exercise of county powers. They provide a legal framework for the county government to operate within and ensure that it can effectively carry out its duties and responsibilities. In addition to their legislative authority, county assemblies also have the power to exercise oversight over the county executive committee and any other county executive organs. This oversight function serves as a check and balance mechanism, ensuring accountability and transparency in the county government's operations. By exercising oversight, county assemblies can scrutinize the actions and decisions of the executive branch, promote good governance, and hold the county government accountable for its performance. Furthermore, county assemblies have the authority to receive and approve plans and policies related to the management and exploitation of the county's resources, as well as the development and management of its infrastructure and institutions. This power enables county assemblies to actively participate in the decision-making process and ensure that the county's resources are utilized effectively and in the best interest of its residents. By approving these plans and policies, county assemblies play a crucial role in shaping the development agenda of the county and ensuring that it aligns with the needs and aspirations of the local population. It is important to note that while county assemblies exercise these powers, they are also required to respect the principle of the separation of powers. This principle ensures the independence and autonomy of each branch of the county government, allowing for effective checks and balances without encroaching on the functions and powers of other branches. In conclusion, county assemblies in Kenya hold significant legislative authority and play a vital role in the governance and management of county affairs. They have the power to make laws, exercise oversight, and approve plans and policies related to county governance. These functions empower county assemblies to contribute to the effective and accountable operation of the county government, ensuring that the needs and interests of the local population are addressed. Citation: The Kenya Constitution, 2010. PART 2—COUNTY GOVERNMENTSGovernance and Management of Urban Areas and Cities According to the Kenya Constitution, 2010URBAN AREAS AND CITIES.
EXPLAINED;The Kenya Constitution, 2010 recognizes the importance of effective governance and management of urban areas and cities. It stipulates that national legislation should provide for the governance and management of these areas, with specific requirements outlined for classification, principles of governance, and resident participation.
Firstly, the Constitution mandates that national legislation establish criteria for classifying areas as urban areas and cities. These criteria are essential for determining which areas fall under the jurisdiction of urban governance and management. By defining the parameters for classification, it becomes easier to allocate resources, plan and implement policies, and provide necessary services to urban areas and cities based on their specific needs. Secondly, the Constitution emphasizes the need for national legislation to establish principles of governance and management for urban areas and cities. These principles serve as guidelines for how these areas should be governed and managed. They encompass various aspects, such as decision-making processes, administrative structures, and coordination mechanisms. The aim is to ensure that urban areas and cities are effectively governed and managed, promoting efficient service delivery, sustainable development, and the overall well-being of residents. Furthermore, the Constitution highlights the importance of resident participation in the governance of urban areas and cities. National legislation is required to provide mechanisms for enabling residents to actively participate in decision-making processes and contribute to the development of their communities. This participation can take various forms, such as public consultations, community engagement, and the establishment of local governance structures that involve residents in decision-making. By including residents in the governance process, it ensures that their voices are heard and their needs and priorities are considered. Additionally, the Constitution allows for the possibility of national legislation to identify different categories of urban areas and cities and provide specific governance mechanisms for each category. This recognition of diverse urban contexts allows for tailored approaches to governance and management, addressing the unique characteristics and challenges of different urban areas and cities across the country. It enables the implementation of targeted policies and strategies to ensure effective governance and management in each category. In conclusion, the Kenya Constitution, 2010 recognizes the importance of governance and management in urban areas and cities. It mandates national legislation to establish criteria for classification, principles of governance, and mechanisms for resident participation. By adhering to these provisions, the government can ensure that urban areas and cities are effectively governed, managed, and developed to meet the needs of their residents. This contributes to the overall sustainable development and well-being of urban areas and cities in Kenya. Citation: The Kenya Constitution, 2010. PART 2—COUNTY GOVERNMENTSThe Functions of County Executive Committees According to the Kenya Constitution, 2010FUNCTIONS OF COUNTY EXECUTIVE COMMITTEES
EXPLAINED;According to the Kenya Constitution, 2010, county executive committees have specific functions and responsibilities that contribute to the effective governance of counties. These committees are tasked with implementing county legislation and, to the extent required, national legislation within the county. They also play a crucial role in managing and coordinating the functions of the county administration and its various departments. Additionally, county executive committees are empowered to perform any other functions that are conferred on them by the Constitution or national legislation.
One of the significant roles of county executive committees is the implementation of county legislation. They are responsible for ensuring that the laws enacted by the county assembly are effectively put into practice. This includes overseeing the enforcement of regulations, policies, and programs that promote the well-being and development of the county. Furthermore, county executive committees are also responsible for implementing national legislation within the county, as long as it is required by the legislation itself. This ensures that county governments are aligned with national laws and regulations, creating a harmonious governance framework that promotes consistency and efficiency. In addition to their legislative implementation duties, county executive committees are tasked with managing and coordinating the functions of the county administration and its various departments. They oversee the day-to-day operations of the county government, ensuring that services are efficiently delivered to the citizens. This coordination is crucial for effective governance and the smooth functioning of the county. Moreover, county executive committees have the authority to perform any other functions that are conferred on them by the Constitution or national legislation. This flexibility allows them to adapt and respond to the specific needs and challenges of their respective counties. They can propose legislation for consideration by the county assembly, enabling them to actively contribute to the legislative process and address local issues. Additionally, county executive committees are required to provide the county assembly with full and regular reports on matters relating to the county. This ensures transparency and accountability in governance, as the assembly can oversee the work of the executive committees and make informed decisions based on the reports received. In conclusion, county executive committees in Kenya play a vital role in the governance of counties. They are responsible for implementing county and national legislation, managing and coordinating county administration functions, proposing legislation, and providing regular reports to the county assembly. These functions contribute to the effective and efficient delivery of services and the overall development of the counties. The Kenya Constitution, 2010, provides the legal framework that empowers and guides these committees in fulfilling their responsibilities. PART 2—COUNTY GOVERNMENTSVacancy in the Office of County Governor: Kenya Constitution, 2010VACANCY IN THE OFFICE OF COUNTY GOVERNOR.
EXPLAINED;According to the Kenya Constitution, 2010, the office of the county governor can become vacant under various circumstances. These include the death of the incumbent governor, resignation in writing addressed to the speaker of the county assembly, ceasing to be eligible for election as county governor, conviction of an offense punishable by imprisonment for at least twelve months, or removal from office under the Constitution.
In the event of a vacancy in the office of the county governor, the deputy county governor assumes the role of county governor for the remainder of the term. This ensures continuity in the governance of the county. If a person assumes office as county governor in such a situation, their term will be deemed as a full term if there are more than two and a half years remaining before the next regularly scheduled election. However, if there is less than two and a half years left before the next election, they will not be considered to have served a term of office as county governor. If both the office of the county governor and the deputy county governor become vacant, or if the deputy county governor is unable to act, the speaker of the county assembly will assume the role of county governor. This ensures that there is always someone in charge to carry out the responsibilities of the office. In the circumstances mentioned above, an election to the office of the county governor must be held within sixty days after the speaker assumes the office of county governor. This allows for the selection of a new county governor through a democratic process. A person who assumes the office of county governor under these circumstances will hold the position until the newly elected county governor assumes office following the next election held under Article 180 (1) of the Kenya Constitution, unless they are otherwise removed from office according to the provisions outlined in the Constitution. In conclusion, the Kenya Constitution, 2010 provides clear guidelines for the occurrence of a vacancy in the office of the county governor. It highlights the roles of the deputy county governor, the speaker of the county assembly, and the procedures for holding elections. These provisions ensure continuity in county governance and maintain the democratic principles of accountability and transparency. Theme: Ensuring Continuity and Democratic Process in County Governance Citation: The Kenya constitution, 2010 PART 2—COUNTY GOVERNMENTSGrounds for Removal and Procedure of County Governor according to the Kenya Constitution, 2010REMOVAL OF A COUNTY GOVERNOR.
EXPLAINED;According to the Kenya Constitution, 2010, a county governor may be removed from office on several grounds. These grounds include gross violation of the Constitution or any other law, the commission of a crime under national or international law, abuse of office or gross misconduct, and physical or mental incapacity to perform the functions of the office of county governor. These provisions aim to ensure that county governors uphold the law and fulfill their responsibilities to the best of their abilities.
The procedure for the removal of a county governor is outlined in the Kenya Constitution as well. Parliament is mandated to enact legislation that provides for the specific procedures to be followed in the removal process. This legislation will establish the steps and requirements for the removal of a county governor on any of the grounds specified in the Constitution. It is crucial for the removal process to be clearly defined and transparent to safeguard against any abuse of power or arbitrary removal of county governors. By enacting legislation, Parliament ensures that there is a fair and just procedure in place to evaluate allegations and determine whether the grounds for removal are substantiated. The specific details of the removal process, such as the role of different institutions and the mechanisms for investigation and decision-making, will be provided in the legislation enacted by Parliament. These provisions will ensure that the removal of a county governor is carried out in a manner that upholds the principles of justice, fairness, and the rule of law. It is important to note that the Kenya Constitution, 2010 does not provide explicit details on the exact procedure for the removal of a county governor. This responsibility lies with Parliament, which is mandated to pass legislation outlining the specific steps and requirements for the removal process. In conclusion, the Kenya Constitution, 2010 stipulates the grounds for the removal of a county governor, including violations of the Constitution or other laws, commission of crimes, abuse of office, and physical or mental incapacity. The actual procedure for removal is to be defined by Parliament through legislation, ensuring a fair and transparent process. These provisions aim to maintain accountability and uphold the integrity of county governance. Citation: The Kenya constitution, 2010 PART 2—COUNTY GOVERNMENTSThe Election Process of County Governor and Deputy County Governor in accordance with the Kenya Constitution, 2010ELECTION OF COUNTY GOVERNOR AND DEPUTY COUNTY GOVERNOR.
EXPLAINED;According to the Kenya Constitution, 2010, the county governor is elected directly by the registered voters in the county. The election takes place on the same day as the general election of Members of Parliament, which is the second Tuesday in August, every fifth year.
To be eligible for election as county governor, a person must also be eligible for election as a member of the county assembly. This ensures that the candidates possess the necessary qualifications and understanding of the local governance system. If only one candidate is nominated for the position of county governor, that candidate is automatically declared elected without the need for an election. However, if two or more candidates are nominated, an election will be held in the county. The candidate who receives the highest number of votes among the nominees will be declared elected as the county governor. In the process of running for county governor, each candidate must nominate a qualified individual to serve as the candidate for deputy governor. The Independent Electoral and Boundaries Commission (IEBC) does not conduct a separate election for the deputy governor. Instead, the candidate nominated by the elected county governor automatically becomes the deputy governor. To ensure democratic representation and prevent prolonged terms, the Kenya Constitution imposes term limits. A person can serve as a county governor for a maximum of two terms. Similarly, a deputy county governor is also restricted to serving for a maximum of two terms. It is important to note that if a vacancy arises in the office of the county governor, the deputy county governor assumes the position of county governor for the remaining term. The person who assumes office as county governor under these circumstances will be deemed to have served a full term for the purposes of term limits, except in cases specified in Article 182 (3) (b). In summary, the election process for the county governor and deputy county governor in Kenya follows a direct voting system. Term limits are in place to ensure regular transitions of power, and the deputy county governor assumes the position of county governor in case of a vacancy. These provisions aim to uphold democratic principles and promote effective governance at the county level. Citation: The Kenya constitution, 2010 PART 2—COUNTY GOVERNMENTSThe Composition and Role of the County Executive Committee in the Kenyan Constitution, 2010COUNTY EXECUTIVE COMMITTEES.
EXPLAINED;According to the Kenya Constitution, 2010, the county executive committee is responsible for the executive authority of the county. The committee consists of the county governor, the deputy county governor, and members appointed by the county governor with the approval of the assembly.
The number of appointed committee members should not exceed one-third of the number of members in the county assembly if the assembly has less than thirty members. If the assembly has thirty or more members, the maximum number of appointed committee members is ten. The county governor and the deputy county governor serve as the chief executive and deputy chief executive of the county, respectively. In the absence of the county governor, the deputy county governor assumes the role of the county governor. The members of the county executive committee are accountable to the county governor for the performance of their functions and exercise of their powers. They are responsible for implementing county legislation and, to the extent required, implementing national legislation within the county. They also manage and coordinate the functions of the county administration and its departments. Additionally, the committee may prepare proposed legislation for consideration by the county assembly. It is important to note that in the event of a vacancy in the office of the county governor, the members of the county executive committee appointed under clause (2)(b) cease to hold office. This ensures that there is a smooth transition of power and a new executive committee can be constituted after the election. In conclusion, the county executive committee plays a crucial role in the governance of the county. It is responsible for implementing legislation, managing the county administration, and coordinating various functions. The committee members are accountable to the county governor and contribute to the effective functioning of the county government. Citation: The Kenya constitution, 2010 PART 2—COUNTY GOVERNMENTSThe Role and Importance of a Non-Member Speaker in Kenyan County AssembliesSPEAKER OF A COUNTY ASSEMBLY.
EXPLAINED;According to the provisions outlined in the Kenya Constitution, 2010, each county assembly in Kenya is required to have a Speaker who is elected by the members of the county assembly. The Speaker must be a person who is not a member of the assembly. This requirement ensures that the Speaker is impartial and can effectively preside over the proceedings of the assembly.
During the sittings of the county assembly, it is the role of the Speaker to preside over the sessions. The Speaker is responsible for maintaining order and ensuring that the assembly's proceedings are conducted in a fair and efficient manner. However, in the absence of the Speaker, another member of the assembly can be elected by the assembly to preside over the session. To further regulate the election and removal of speakers of the county assemblies, the Constitution mandates Parliament to enact legislation. This legislation will provide specific guidelines and procedures for the election and removal of speakers, ensuring a transparent and accountable process. The inclusion of provisions regarding the Speaker of a county assembly in the Kenya Constitution, 2010 reflects the importance of having a neutral and capable individual to oversee the functioning of the assembly. By electing a Speaker who is not a member of the assembly, it helps maintain impartiality and fairness in the decision-making processes. Citation: The Kenya constitution, 2010 |
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