Kenyan Constitution, Chapter Eleven, Part 2, Article 179 to 185

By Juma / Published November 3, 2016 | 6:21 am

Devolved governments

County Government

Article 179: County Executive Committees

(1) The executive authority of the county is vested in, and exercised by, a county executive committee.
(2) The county executive committee consists of–

(a) the county governor and the deputy county governor;
and
(b) members appointed by the county governor, with the approval of the assembly, from among persons who are not members of the assembly.

(3) The number of members appointed under clause (2) (b) shall not exceed–

(a) one-third of the number of members of the county assembly, if the assembly has less than thirty members;
or
(b) ten, if the assembly has thirty or more members.

(4) The county governor and the deputy county governor are the chief executive and deputy chief executive of the county, respectively.
(5) When the county governor is absent, the deputy county governor shall act as the county governor.
(6) Members of a county executive committee are accountable to the county governor for the performance of their functions and exercise of their powers.
(7) If a vacancy arises in the office of the county governor, the members of the county executive committee appointed under clause (2) (b) cease to hold office.

Article 180: Election of county governor and deputy county governor

(1) The county governor shall be directly elected by the voters registered in the county, on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every fifth year.
(2) To be eligible for election as county governor, a person must be eligible for election as a member of the county assembly.
(3) If only one candidate for county governor is nominated, that candidate shall be declared elected.
(4) If two or more candidates are nominated, an election shall be held in the county and the candidate who receives the greatest number of votes shall be declared elected.
(5) Each candidate for election as county governor shall nominate a person who is qualified for nomination for election as county governor as a candidate for deputy governor.
(6) The Independent Electoral and Boundaries Commission shall not conduct a separate election for the deputy governor but shall declare the candidate nominated by the person who is elected county governor to have been elected as the deputy governor.
(7) A person shall not hold office–

(a) as a county governor for more than two terms; or
(b) as a deputy county governor for more than two terms.

(8) For the purposes of clause (7), a person who has assumed the office of county governor shall be deemed to have served a full term, subject only to Article 182 (3) (b).

Article 181: Removal of County Governor

(1) A county governor may be removed from office on any of the following grounds–

(a) gross violation of this Constitution or any other law;
(b) where there are serious reasons for believing that the county governor has committed a crime under national or international law;
(c) abuse of office or gross misconduct; or
(d) physical or mental incapacity to perform the functions of office of county governor.

(2) Parliament shall enact legislation providing for the procedure of removal of a county governor on any of the grounds specified in clause (1).

Article 182: Vacancy in the office of the governor

(1) The office of the county governor shall become vacant if the holder of the office–

(a) dies;
(b) resigns, in writing, addressed to the speaker of the county assembly;
(c) ceases to be eligible to be elected county governor under Article 180(2);
(d) is convicted of an offence punishable by imprisonment for at least twelve months; or
(e) is removed from office under this Constitution.

(2) If a vacancy occurs in the office of county governor, the deputy county governor shall assume office as county governor for the remainder of the term of the county governor.
(3) If a person assumes office as county governor under clause (2), the person shall be deemed for the purposes of Article 180 (7)–

(a) to have served a full term as county governor if, at the date on which the person assumed office, more than two and a half years remain before the date of the next regularly scheduled election under Article 180 (1); or
(b) not to have served a term of office as county governor, in any other case.

(4) If a vacancy occurs in the office of county governor and that of deputy county governor, or if the deputy county governor is unable to act, the speaker of the county assembly shall act as county governor.
(5) If a vacancy occurs in the circumstances contemplated by clause (4), an election to the office of county governor shall be held within sixty days after the speaker assumes the office of county governor.
(6) A person who assumes the office of county governor under this Article shall, unless otherwise removed from office under this Constitution, hold office until the newly elected county governor assumes office following the next election held under Article 180 (1).

Article 183: Functions of county executive committees

(1) A county executive committee shall–

(a) implement county legislation;
(b) implement, within the county, national legislation to the extent that the legislation so requires;
(c) manage and coordinate the functions of the county administration and its departments; and
(d) perform any other functions conferred on it by this Constitution or national legislation.

(2) A county executive committee may prepare proposed legislation for consideration by the county assembly.
(3) The county executive committee shall provide the county assembly with full and regular reports on matters relating to the county.

Article 184: Urban areas and cities

(1) National legislation shall provide for the governance and management of urban areas and cities and shall, in particular–

(a) establish criteria for classifying areas as urban areas and cities,
(b) establish the principles of governance and management of urban areas and cities; and
(c) provide for participation by residents in the governance of urban areas and cities.

(2) National legislation contemplated in clause (1) may include mechanisms for identifying different categories of urban areas and cities, and for their governance.

Article 185: Legislative authority of county assemblies

(1) The legislative authority of a county is vested in, and exercised by, its county assembly.
(2) A county assembly may make any laws that are necessary for, or incidental to, the effective performance of the functions and exercise of the powers of the county government under the Fourth Schedule.
(3) A county assembly, while respecting the principle of the separation of powers, may exercise oversight over the county executive committee and any other county executive organs.
(4) A county assembly may receive and approve plans and policies for–

(a) the management and exploitation of the county’s resources; and
(b) the development and management of its infrastructure and institutions.

About Juma

Juma is an enthusiastic journalist who believes that journalism has power to change the world either negatively or positively depending on how one uses it.(020) 528 0222 or Email: info@sokodirectory.com

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