Assembly Mandate
LEGISLATION
Article 185
- The legislative authority of a county is vested in, and exercised by, its county assembly.
- 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.
- 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.
- A county assembly may receive and approve plans and policies for : –
- The management and exploitation of the county’s resources; and
- The development and management of its infrastructure and institutions.
- County transport, including : –
(a) county roads;(b) street lighting;(c) traffic and parking;(d) public road transport; and (e) ferries and harbors, excluding the regulation of international and national shipping and matters related thereto. - Animal control and welfare, including—
(a) licensing of dogs; and (b) facilities for the accommodation, care and burial of animals. - Trade development and regulation, including : –
(a) markets;(b) trade licences (excluding regulation of professions);(c) fair trading practices;(d) local tourism; and(e) cooperative societies. - County planning and development, including : –
(a) statistics; (b) land survey and mapping;(c) boundaries and fencing;(d) housing; and(e) electricity and gas reticulation and energy regulation. - Pre-primary education, village polytechnics, homecraft centres and childcare facilities.
- Implementation of specific national government policies on natural resources and environmental conservation, including
(a) soil and water conservation; and (b) forestry. - County public works and services, including—
(a) storm water management systems in built-up areas; and (b) water and sanitation services. - Fire fighting services and disaster management.
- Control of drugs and pornography.
- Ensuring and coordinating the participation of communities and locations in governance at the local level and assisting communities and locations to develop the administrative capacity for the effective exercise of the functions and powers and participation in governance at the local level.
Oversight
185(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.
Oversight may be categorized into : –
- administrative oversight
- Financial oversight.
Administrative Oversight
- Article 179 (2)(b) of the Constitution requires members of the county executive committee to be approved by the County Assembly.
- Section 8(1)(a) of the County Governments Act,2012 empowers the County Assembly to vet and approve nominees for appointment to county public office as may be provided to in that Act or any other law.
- Section 44(1) of the County Governments Act,2012 empower the County Assembly to approve the appointment of the County Secretary.
- Section 45(1) of the County Governments Act,2012 empower the County Assembly to approve the appointment of the County Chief Officers .
- Section 58 (1) of the County Governments Act,2012 empowers the County Assembly to approve the appointment of the members of the County Public Service Board .
- Section 13(1) of the County Governments Act,2012 empower the County Assembly to approve the Clerk of the County Assembly.
- Section 33 (1) of the County Governments Act,2012 empower a member of the county Assembly to initiate a motion for the removal of a Governor from office.
- Section 40 (2) of the County Governments Act,2012 empower a member of the county Assembly to initiate a motion for the removal of a member of the county executive committee.
Financial Oversight
- There shall be established a Revenue Fund for each county government, into which shall be paid all money raised or received by or on behalf of the county government, except money reasonably excluded by an Act of Parliament.
- Money may be withdrawn from the Revenue Fund of a county government only –
(a) as a charge against the Revenue Fund that is provided for by an Act of Parliament or by legislation of the county; or
(b) as authorized by an appropriation legislation of the County.
Financial Oversight Cont...
(a) if the national government guarantees the loan; and
(b) with the approval of the county government’s assembly.
Article 220 of the Constitution and section 129 of the Public finance Management Act,2012 empowers the County Assembly to approve the budget of the County Government
220 (2) National legislation shall prescribe –
(a) the structure of the development plans and budgets of counties;
(b) when the plans and budgets of the counties shall be tabled in the county assemblies; and
(c) the form and manner of consultation between the national government and county governments in the process of preparing plans and budgets.
Article 129.
- A County Executive Committee member for finance shall submit to the County Executive Committee for its approval –
(a) the budget estimates and other documents supporting the budget of the county government, excluding the county assembly; and
(b) the draft Bills at county level required to implement the county government budget, in sufficient time to meet the deadlines prescribed by this section.
- Following approval by the County Executive Committee, the County Executive Committee member for finance shall –
(a) submit to the county assembly the budget estimates, supporting documents, and any other Bills required to implement the budget, except the Finance Bill, by the 30th April in that year; and
(b) ensure that the estimates submitted in subsection (a) are in accordance with the resolutions adopted by county assembly on the County Fiscal Strategy Paper.
- Each county assembly clerk shall prepare and submit to the county assembly the budget estimates for the county assembly and a copy shall be submitted to the Count Executive Committee member for finance.
- The County Executive Committee member for finance shall prepare and present his or her comments on the budget estimates presented by the county assembly clerk.
- The County Executive Committee member for finance shall ensure that the budget process is conducted in a manner and within a timeframe sufficient to permit the participants in the process to meet the requirements of the Constitution and this Act.
- As soon as is practicable after the budget estimates and other documents have been submitted to the County Assembly under this section, the County Executive Committee member for finance shall publish and publicise the documents.
- Upon approval of the budget estimates by the county assembly, the County Executive Committee member for finance shall prepare and submit a County Appropriation Bill to the county assembly of the approved estimates.
Approval of Plans and Policies
(a) The management and exploitation of the county’s resources; and
(b) The development and management of its infrastructure and institutions.
Section 108(2) of the County Governments Act, 2012 as read together with section 112 empowers the County Assembly to approve the County integrated Development Plans.
Section 109(2) (c) of the County Governments Act, 2012 empower the County Assembly to approve the County Development Plan.
Section 110(3) of the County Governments Act, 2012 empower the County Assembly to approve the County Spatial Plan.
Section 111(3) of the County Governments Act, 2012 empower the County Assembly to approve the City or municipal land use and building plan.