FORMATION OF GOVERNMENT

NATIONAL GOVERNMENT

Kenyans directly or indirectly exercise their sovereign or absolute power through their democratically elected representatives. This power is delegated to the state organs or arms of government namely;
a) The parliament and the legislative assemblies in the county assemblies.
b) The national executive and the executive structures in the county government.
c) The judiciary and independent tribunals.

The process of National government formation.

After every election, the party with the majority of seats in the house forms the government by appointing cabinet secretaries from among professionals (not among elected MPs) with the approval of the National Assembly. The president then appoints the judiciary with the advice of the JSC. The president-elect is sworn in by the chief Justice and the members of the three arms of government also take oath. 
The three arms of government operate independently and work on checks and balances
 
The executive is responsible for running the country by developing and implementing policies that lead to national development.  
Even after dissolution of parliament after its expiry, the cabinet exists until a new one is appointed. This is to ensure that there is no power vacuum and that government operations continue.

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Role of government in Kenya

1. Government ensures that social and economic development is undertaken – by putting in place policies to improve schools, hospitals, agriculture, trade, housing and industry.
2. It upholds human rights and freedoms and ensures that all citizens live in peace and harmony through the administration of justice and maintaining law and order.
3. Government organizes an effective defence force to protect the country from internal and external aggression.
4. It also has a duty to establish sound foreign policies to promote international cooperation with other countries by setting up foreign embassies and high commissions.
5. It has a duty to foster national unity by recognizing diversity and ensuring equitable sharing of national and local resources.
6. Government protects and promotes the interests and rights of the minorities and marginalized communities.

COUNTY GOVERNMENT.

The county government is composed of County assemblies, county executive committees and county public service and exist in each of the 47 counties throughout Kenya.
A county government consists of;

1. Members (one member per ward) elected by the registered voters of the wards in a general election in Kenya.
2. The Speaker, who is an ex officio member.
3. Members appointed by the county governor, with the approval of the county assembly, from among persons who are not members of the assembly.

The election of a county governor.

The county governor is directly elected by the voters registered in the county at a general election for a term of 5 years. To be eligible for election as county governor, a person must be eligible for election as a member of the county assembly. If re-elected, can serve for another final term of 5 years.  
Each candidate for election as county governor nominates a person as his/her running mate to be the deputy governor.

Removal of a County Governor from office.

A governor may be removed from office under the following grounds;

1. Gross violation of the Constitution or any other law.
2. When the county governor commits a crime under national or international law.
3. When the governor abuses office or is accused of gross misconduct.
4. When he/she suffers from Physical or mental incapacity that hinders performance of the functions of office.

The office of the county governor falls vacant when the holder of office;

1. Dies.
2. Resigns, in writing, addressed to the speaker of the county assembly.
3. Is convicted of an offence punishable by imprisonment for at least twelve months.
4. Ceases to be eligible to be elected as a county governor.
5. Is removed from office under the constitution. 

The deputy county governor assumes office as a county governor for the remainder of the term of the county governor when a vacancy arises. Where the deputy governor is unable to act or his office is also vacant, the speaker acts as governor and elections must be held within sixty days after the speaker assumes office.

THE COUNTY ASSEMBLY

The composition of a County Assembly in Kenya is as follows;
A county assembly consists of

1. Members (one member per ward) elected by the registered voters of the wards in a general election.
2. Members of special seats (no more than two-thirds of the membership of the assembly is of the same gender.)
3. Members of marginalized groups, including persons with disabilities and the youth.
4. The Speaker, who is an ex officio member.

NB-The members for special seats and marginalized communities are nominated by political parties in proportion to the seats received in the election in a particular county.

The functions of a county assembly.

1. County assemblies make laws for the effective performance of the county government.
2. It acts as a watchdog over the county executive committee.
3. It receives and approves plans and policies for managing and exploiting the county’s resources, and, developing and managing the infrastructure and institutions.

​Conditions that must be met by a person seeking for election to a County Assembly.

1. The person must be a registered as a voter in his/her county.
2. The person must have been a Kenyan citizen for atleast ten years before the elections.
3. The person must be able to read and write in English and Kiswahili.
4. He or she must be of sound mind.
5. The person must be of unquestionable morals and ethics
6. If a public officer, he/she must relinquish his/her public work.
7. The person must be nominated by a political party
8. If he/she is an independent candidate, must be supported by at least five hundred registered voters in the Ward concerned.
9. The person must not have been declared bankrupt.
10. The person must not have served a sentence of imprisonment of more than six months.
11. ​The person must not have misused or abused a State or public office.

Vacancy in the office of member of county assembly may happen if the member;

1. Dies.
2. Is absent from eight sittings of the assembly without permission, in writing, of the speaker of the assembly and is unable to offer satisfactory explanation for the absence.
3. Resigns, in writing, addressed to the speaker of the county assembly.
4.  After being elected to the assembly as a member of a political party, he/she resigns from the party, or is deemed to have resigned from the party, or after being an independent candidate, the member joins a political party.
5. Gets to the end of the term of the assembly
6. ​Becomes disqualified for election after the court rules in favour of an election petition made against him/her.

Speaker of County Assembly

​The speaker is elected by the county assembly from among persons who are not members of the county assembly. The speaker presides over the county assembly. Another member of the assembly may be elected to play the role of a speaker in case of the absence of the speaker.

Structure and functions of the national government.

The three arms of government are:
a) Judiciary 
b) Executive 
c) Legislature

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