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Constitution

Kenyan Constitution, Chapter Eleven, Part 7, Article 195 to 200

BY Juma · November 18, 2016 04:11 am

Devolved Governments

Part 7: General

Article 194: Vacation of office by member of county assembly

(1) The office of a member of a county assembly becomes vacant–

(a) if the member dies;
(b) if the member 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;
(c) if the member is removed from office under this Constitution or legislation enacted under Article 80;
(d) if the member resigns in writing addressed to the speaker of the assembly;
(e) if, having been elected to the assembly–

(i) as a member of a political party, the member resigns from the party, or is deemed to have resigned from the party as determined in accordance with the legislation contemplated in clause (2); or
(ii) as an independent candidate, the member joins a political party;

(f) at the end of the term of the assembly; or
(g) if the member becomes disqualified for election on grounds specified in Article 193 (2).

(2) Parliament shall enact legislation providing for the circumstances under which a member of a political party shall be deemed, for the purposes of clause (1) (e), to have resigned from the party.

Article 195: County assembly power to summon witnesses

(1) A county assembly or any of its committees has power to summon any person to appear before it for the purpose of giving evidence or providing information.
(2) For the purposes of clause (1), an assembly has the same powers as the High Court to–

(a) enforce the attendance of witnesses and examining them on oath, affirmation or otherwise;
(b) compel the production of documents; and
(c) issue a commission or request to examine witnesses abroad.

Article 196: public participation and county assembly powers, privileges and immunities

(1) A county assembly shall–

(a) conduct its business in an open manner, and hold its sittings and those of its committees, in public; and
(b) facilitate public participation and involvement in the legislative and other business of the assembly and its committees.

(2) A county assembly may not exclude the public, or any media, from any sitting unless in exceptional circumstances the speaker has determined that there are justifiable reasons for doing so.
(3) Parliament shall enact legislation providing for the powers, privileges and immunities of county assemblies, their committees and members.

Article 197: County assembly gender balance and diversity

(1) Not more than two-thirds of the members of any county assembly or county executive committee shall be of the same gender.
(2) Parliament shall enact legislation to–

(a) ensure that the community and cultural diversity of a county is reflected in its county assembly and county executive committee; and
(b) prescribe mechanisms to protect minorities within counties.

Article 198: County government during transition

While an election is being held to constitute a county assembly under this Chapter, the executive committee of the county, as last constituted remains competent to perform administrative functions until a new executive committee is constituted after the election.

Article 199: Publication of county legislation

(1) County legislation does not take effect unless published in theGazette.

(2) National and county legislation may prescribe additional requirements in respect of the publication of county legislation.

Article 200: Legislation on chapter

(1) Parliament shall enact legislation providing for all matters necessary or convenient to give effect to this Chapter.
(2) In particular, provision may be made with respect to–

(a) the governance of the capital city, other cities and urban areas;
(b) the transfer of functions and powers by one level of government to another, including the transfer of legislative powers from the national government to county governments;
(c) the manner of election or appointment of persons to, and their removal from, offices in county governments, including the qualifications of voters and candidates;
(d) the procedure of assemblies and executive committees including the chairing and frequency of meetings, quorums and voting; and
(e) the suspension of assemblies and executive committees.

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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