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LAWS OF KENYA
COUNTY GOVERNMENTS ACT
CAP. 265
- Published in Kenya Gazette Vol. CXIV—No. 75 on 10 August 2012
- Assented to on 24 July 2012
- Commenced on 9 March 2013 by Declaration of Persons Elected President and Deputy President
- [Amended by National Government Co-ordination Act (Cap. 127) on 9 March 2013]
- [Amended by County Governments (Amendment) Act, 2014 (Act No. 13 of 2014) on 18 August 2013]
- [Amended by County Governments (Amendment) Act, 2016 (Act No. 1 of 2016) on 5 April 2016]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2016 (Act No. 7 of 2016) on 10 May 2016]
- [Amended by County Governments (Amendment) Act, 2017 (Act No. 4 of 2017) on 29 March 2017]
- [Amended by County Assemblies Powers and Privileges Act (Cap. 265C) on 29 March 2017]
- [Amended by Water Act (Cap. 372) on 21 April 2017]
- [Amended by County Assembly Services Act (Cap. 265D) on 27 July 2017]
- [Amended by County Governments (Amendment) (No. 2) Act, 2016 (Act No. 17 of 2016) on 14 August 2017]
- [Amended by Assumption of the Office of Governor Act (Cap. 265A) on 31 May 2019]
- [Amended by County Governments Retirement Scheme Act (Cap. 189B) on 7 October 2019]
- [Amended by County Governments (Amendment) (No. 2) Act, 2020 (Act No. 10 of 2020) on 27 July 2020]
- [Amended by County Governments (Amendment) Act, 2020 (Act No. 11 of 2020) on 27 July 2020]
- [Amended by Petition to County Assemblies (Procedure) Act (Cap. 274) on 27 July 2020]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the County Governments Act.2. Interpretation
In this Act, unless the context otherwise requires—"analysis of functions" means processes of, and mechanisms for reviewing and reassigning powers and competencies between the national government and county governments in accordance with the provisions of the Constitution generally and in particular, the provisions of the Fourth Schedule thereto;"apex body" means the body established under the law governing inter- governmental relations;"appointment" includes an acting appointment, reappointment, promotion and re-designation;"authorized officer" includes—3. Object and purpose of the Act
The object and purpose of this Act is to—4. County symbols
Part II – COUNTY GOVERNMENTS
5. Functions of county governments
6. Powers of county governments
6A. Location of county governments
Part III – COUNTY ASSEMBLY
7. Membership of the county assembly
7A. County Assemblies to be duly constituted at first sitting
7B. Location of sitting of a county assembly
8. Role of the county assembly
9. Role of members of the county assembly
9A. Speaker and deputy speaker
10. County assembly party leaders
11. Vacation of office of speaker
11A. Vacation of office of deputy speaker
12. The county assembly service board
13. Clerk and staff of the county assembly
14. Procedure and committees of the county assembly
15. Right to petition county assembly
16. [Deleted by Act No. 6 of 2017, s. 39.]
17. [Deleted by Act No. 6 of 2017, s. 39.]
18. Official languages of a county assembly
19. Quorum
The quorum of a county assembly is one third of all the members of the county assembly.20. Voting in a county assembly
21. Procedure for the exercise of legislative powers
22. Bill to have a title
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.23. Publication of a Bill
A Bill shall be published by including the Bill as a supplement in the county Gazette and the Kenya Gazette.24. Assenting to a Bill
25. Coming into force of a law
Part IV – ELECTORAL WARDS
26. Number and delimitation of electoral Wards, etc
27. Recall of a county assembly member
28. Petition for recall
29. Recall elections
Part V – COUNTY EXECUTIVE
30. Functions and responsibilities of a county Governor
31. Powers of the Governor
The Governor—32. Functions of the deputy Governor
32A. Inability of Governor or deputy Governor to assume office
32B. Assumption to office of Governor by the deputy Governor
Whenever the office of Governor becomes vacant under Article 182(1) of the Constitution, a person who assumes the office of Governor under Article 182(2) of the Constitution shall—32C. Vacancy in the office of deputy Governor
The office of deputy Governor shall become vacant if the holder of the office—32D. Filling of a vacancy in the office of deputy Governor
33. Removal of a Governor
34. Exercise of executive authority
The county executive committee shall exercise the executive authority—35. Appointment of county executive members
36. Functions of the executive committee
37. Role of the executive committee in urban area or city planning
A county executive committee shall—38. Oath of office for the executive committee
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.]39. Accountability of members of the executive committee
40. Removal of member of executive committee
41. Meetings of the county executive committee
42. County executive to remain in office after elections
43. Representation of county government by Attorney-General in court
A county government may, pursuant to Article 156(4) of the Constitution request the Attorney-General to represent the county government in court or in any other legal proceedings to which the county government is a party other than in criminal proceedings.44. Appointment of county secretary
45. Appointment of county chief officers
46. County executive committee to determine organisation of county
47. Performance management plan
Part VI – DECENTRALIZED UNITS
48. Decentralized units
49. Urban areas and cities structures
The structures and functions of urban areas and cities shall be as is provided for in the Urban Areas and Cities Act (Cap. 275).50. Office of the sub-county administrator
51. Establishment of the office of Ward administrator
52. Establishment of the office of village administrator
53. Village council
54. Structures of decentralization
Part VII – COUNTY PUBLIC SERVICE
55. Objectives
The objectives of this Part are to—56. County to have county public service
57. Establishment of the County Public Service Board
There is established a County Public Service Board in each County, which shall be—58. Composition of the County Public Service Board
58A. Procedure for nomination and appointment of members of the Board
59. Functions and powers of a County Public Service Board
59A. Independence of the county public service board
In the performance of its functions under this Act, the county public service board shall—60. Criteria for establishment of public offices, etc
61. Criteria for abolition of public offices
62. Powers of the County Public Service Board to establish or abolish office
63. Powers of the County Public Service Board to make appointments
64. No unqualified person may be appointed in acting capacity
65. Matters to take into account during appointments, etc
66. Advertisements of positions to be widely publicised
If a public office is to be filled, the County Public Service Board shall invite applications through advertisement and other modes of communication so as to reach as wide a population of potential applicants as possible and especially persons who for any reason have been or may be disadvantaged.67. Appointments to be in writing
No appointment or assignment of a duty in a county public service shall be valid unless it is evidenced in writing.68. Board to maintain records of applicants
Subject to the relevant legislation, the County Public Service Board shall, for a specified period, maintain a record of all applications received in response to advertisements inviting applications and such record may be inspected by any person.68A. Promotion of equity by the county public service boards
68B. Collection and analysis of information on county public service
Each county public service board shall, for the purpose of implementing the provisions of section 68A—68C. County public service employment equity plan
68D. Review of county public service employment equity plan
68E. Report of the county public service board
A county public service board shall include in a report a description of—69. Re-designation of officers
70. Provisions on appointments to apply to promotions
71. Confirmation of appointment on lapse of period
72. Power to deploy public officers
73. Secondments
74. County Public Service Board to regulate appointment of persons on contract
The County Public Service Board shall regulate the engagement of persons on contract, volunteer and casual workers, staff of joint ventures and attachment of interns in its public bodies and offices.75. Action on irregularity of process
If it comes to the attention of the County Public Service Board that there is reason to believe that any process or decision under this Part may have occurred in an irregular or fraudulent manner, the County Public Service Board shall investigate the matter and, if satisfied that the irregularity or fraud has occurred, the County Public Service Board may—76. Prohibition of punishment contrary to the Constitution
77. Appeals to the Public Service Commission
78. Resignation, retirement, etc.
79. Grounds for retirement
A person may retire from the county public service—80. Prescription of retirement on age
The mandatory retirement age for a county public officer generally or for any category of public officers, shall be prescribed by policy of the national government.81. Retirement on the ground of ill health
82. Retirement on grounds of abolition of office
83. Retirement on grounds of public interest
84. Retirement pursuant to agreement or special retirement scheme
85. Entitlement to apply for review
A public officer retired under this Act shall be entitled to apply for a review against the decision on account of—86. Delegation by County Public Service Board
Part VIII – CITIZEN PARTICIPATION
87. Principles of citizen participation in counties
Citizen participation in county governments shall be based upon the following principles—88. Citizens right to petition and challenge
89. Duty to respond to citizens’ petitions or challenges
County government authorities, agencies and agents have a duty to respond expeditiously to petitions and challenges from citizens.90. Matters subject to local referenda
91. Establishment of modalities and platforms for citizen participation
The county government shall facilitate the establishment of structures for citizen participation including—91A. Establishment of County Development Boards
91B. Operational expenses
The operational expenses in respect of the County Development Board shall be provided for in the annual estimates of the revenue and expenditure of the respective county government.[Act No. 13 of 2014, s. 4.]91C. Offence of obstructing or hindering the County Development Board
Any person who knowingly and unlawfully obstructs, hinders, undermines or prevents the County Development Board from discharging its functions under this Act commits an offence and is liable, on conviction, to punishment by a fine not exceeding one million shillings or imprisonment for a term not exceeding one year, or both.[Act No. 13 of 2014, s. 4.]92. Part to apply to decentralized units
Part IX – PUBLIC COMMUNICATION AND ACCESS TO INFORMATION
93. Principles of public communication
Public communication and access to information shall be based on the following principles—94. Objectives of county communication
A County government shall use the media to—95. County communication framework
96. Access to information
97. Inclusion and integration of minorities and marginalized groups
A county government, public and private organisation and private individual, shall observe the following principles—Part X – CIVIC EDUCATION
98. Principles of civic education
99. Purpose and objectives of civic education
100. Design and implementation of civic education
101. Institutional framework for civic education
Subject to section 100, County legislation shall provide the requisite institutional framework for purposes of facilitating and implementing civic education programmes under this Part.Part XI – COUNTY PLANNING
102. Principles of planning and development facilitation
The principles of planning and development facilitation in a county shall—103. Objectives of county planning
The objectives of county planning shall be to—104. Obligation to plan by the county
105. Planning in the county
106. Integrating national and county planning
107. Types and purposes of county plans
108. County integrated development plan
109. County sectoral plans
110. County spatial plans
111. City or municipal plans
112. Amending county integrated development plans
113. Giving effect to the county integrated development plan
114. Planning for nationally significant projects in a county
115. Public participation in county planning
Part XII – DELIVERY OF COUNTY PUBLIC SERVICES
116. Principles of public services delivery in the county
117. Standards and norms for public service delivery
118. Shared services
119. Citizen’s Service Centre
120. Tariffs and pricing of public services
121. Support to county governments
Part XIII – PROCEDURE FOR SUSPENSION OF COUNTY GOVERNMENT
122. Grounds for suspension arising from conflict or war
The President may suspend a county government—123. Suspension of county government in exceptional circumstances
124. Prorogation of the county assembly
125. Suspension of the county executive committee
126. Establishment of the Interim County Management Board
127. Functions of the Interim County Management Board
128. Dissolution of the Interim County Management Board
The President by notice in the Gazette shall dissolve an Interim County Management Board upon the new county government coming to office after holding elections pursuant to Article 192(6) of the Constitution.129. Termination of suspension by the Senate
130. County elections after suspension
Part XIV – MISCELLANEOUS PROVISIONS
131. Financial provision
132. Pension schemes
Subject to the transitional provisions herein, all members, officers and staff of a county government shall subscribe to an existing pension scheme for officers and staff of local government.133. Protection against personal liability
134. [Spent]
135. Regulations
Part XV – TRANSITIONAL PROVISIONS
136. [Spent]
137. Facilitation of civic education
138. Arrangements for public servants
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
27 July 2020
07 October 2019
Amended by
County Governments Retirement Scheme Act
31 May 2019
14 August 2017
27 July 2017
Amended by
County Assembly Services Act
Read this version
21 April 2017
Amended by
Water Act
Read this version
29 March 2017
10 May 2016
05 April 2016
18 August 2013
09 March 2013
10 August 2012
24 July 2012
Assented to
Cited documents 7
Act 7
1. | Elections Act | 1099 citations |
2. | Urban Areas and Cities Act | 225 citations |
3. | County Assemblies Powers and Privileges Act | 29 citations |
4. | Assumption of the Office of Governor Act | 28 citations |
5. | Commissions of Inquiry Act | 8 citations |
6. | College of Arms Act | 5 citations |
7. | National Flag, Emblems and Names Act | 4 citations |
Documents citing this one 1553
Gazette 843
Judgment 658
Act 18
1. | Public Finance Management Act | 688 citations |
2. | Physical and Land Use Planning Act | 463 citations |
3. | Water Act | 246 citations |
4. | Urban Areas and Cities Act | 225 citations |
5. | County Assembly Services Act | 145 citations |
6. | Forest Conservation and Management Act | 98 citations |
7. | Public Appointments (County Assemblies Approval) Act | 76 citations |
8. | Central Bank of Kenya Act | 60 citations |
9. | National Government Co-ordination Act | 58 citations |
10. | Trustee Act | 51 citations |