Devolved Government

Part 1—Objects and principles of devolved government

1. 174Objects of devolutionDevolution aims to make power more democratic and accountable, foster unity while recognising diversity, and give people self-governance and a say in decisions. It also aims to protect minorities and marginalised communities, share resources equitably and bring services closer to people.
2. 175Principles of devolved governmentCounty governments must be based on democratic principles and separation of powers, have reliable revenue sources to deliver services, and ensure no more than two-thirds of members of their representative bodies are of the same gender.

Part 2—County governments

1. 176County governmentsEach county has a county government made up of a county assembly and a county executive. Counties must decentralise their functions and services as far as is efficient and practicable.
2. 177Membership of county assemblyA county assembly has ward-elected members, special seat members to ensure no more than two-thirds are of one gender, members of marginalised groups including persons with disabilities and the youth, and the Speaker. It is elected for five years.
3. 178Speaker of a county assemblyEach county assembly elects a speaker from outside its members. The speaker presides over sittings, or another elected member does if the speaker is absent; Parliament must legislate on electing and removing speakers.
4. 179County executive committeesA county executive committee holds the county's executive authority. It consists of the governor, the deputy governor and members the governor appoints with assembly approval from outside the assembly, up to a stated limit.
5. 180Election of county governor and deputy county governorThe county governor is directly elected by county voters on the same day as the general election, and each candidate names a running mate for deputy governor. Governors and deputy governors may serve a maximum of two terms each.
6. 181Removal of a county governorA county governor may be removed for gross violation of the Constitution or law, serious reasons to believe a crime was committed, abuse of office or gross misconduct, or physical or mental incapacity. Parliament must legislate the removal procedure.
7. 182Vacancy in the office of county governorThe governor's office falls vacant on death, written resignation, loss of eligibility, conviction for an offence punishable by at least 12 months in prison, or removal. The deputy governor then takes over, or the speaker acts and an election follows within 60 days.
8. 183Functions of county executive committeesA county executive committee implements county legislation and, where required, national legislation, and manages the county administration. It may propose legislation to the assembly and must give it full and regular reports.
9. 184Urban areas and citiesNational legislation must provide for governing and managing urban areas and cities, including criteria for classifying them, principles of governance, and participation by residents.
10. 185Legislative authority of county assembliesA county assembly holds the county's legislative authority and may make laws needed to perform county functions under the Fourth Schedule. It may oversee the county executive and approve plans and policies for county resources and infrastructure.

Part 3—Functions and powers of county governments

1. 186Respective functions and powers of national and county governmentsFunctions of national and county governments are set out in the Fourth Schedule. A function not assigned to a county by the Constitution or national legislation belongs to the national government, and Parliament may legislate for the Republic on any matter.
2. 187Transfer of functions and powers between levels of governmentA function may be transferred between national and county government by agreement if the receiving government would perform it more effectively and the transfer is not prohibited by law. Resources must go with it, but constitutional responsibility stays with the original government.

Part 4—The boundaries of counties

1. 188Boundaries of countiesCounty boundaries may be altered only by a resolution recommended by an independent commission and passed by at least two-thirds of the National Assembly and of the Senate's county delegations. Factors include population, history and culture, and communities' views.

Part 5—Relationships between governments

1. 189Cooperation between national and county governmentsNational and county governments must respect each other's status and institutions, consult and support each other, and cooperate, including through joint committees. In disputes they must make every reasonable effort to settle, using procedures in national legislation such as negotiation, mediation or arbitration.
2. 190Support for county governmentsParliament must ensure counties have adequate support. National government may intervene, as national legislation provides, if a county cannot perform its functions or lacks compliant financial management, but only with notice, only as necessary, and the Senate can end it.
3. 191Conflict of lawsWhere national and county laws conflict on shared matters, national law prevails in stated situations, such as where national uniformity, security or environmental protection is needed. Otherwise county law prevails. The overridden law is inoperative only to the extent of the conflict.

Part 6—Suspension of county governments

1. 192Suspension of a county governmentThe President may suspend a county government in an emergency from internal conflict or war, or in other exceptional circumstances after an independent inquiry and Senate authorisation. A suspension may not exceed 90 days, after which elections are held.

Part 7—General

1. 193Qualifications for election as member of county assemblyTo stand for county assembly you must be a registered voter, meet required educational, moral and ethical standards, and be party-nominated or an independent backed by 500 ward voters. Disqualifications, once appeals are exhausted, include public office, bankruptcy, unsound mind and a six-month sentence.
2. 194Vacation of office of member of county assemblyA county assembly member loses their seat on death, resignation, removal, or unexplained absence from eight sittings. A member also loses it on leaving the party they were elected under, joining a party if independent, end of the term, or disqualification.
3. 195County assembly power to summon witnessesA county assembly or its committees may summon any person to give evidence or information. For this the assembly has the High Court's powers to enforce attendance, examine witnesses on oath and compel documents.
4. 196Public participation and county assembly powers, privileges and immunitiesCounty assemblies must conduct business openly, sit in public and facilitate public participation. The public and media may be excluded only in exceptional circumstances where the speaker finds justifiable reasons. Parliament must legislate on their powers, privileges and immunities.
5. 197County assembly gender balance and diversityNo more than two-thirds of any county assembly or executive committee may be of the same gender. Parliament must legislate so the county's community and cultural diversity is reflected and minorities are protected.
6. 198County government during transitionWhile a county assembly election is under way, the county executive committee as last constituted remains competent to perform administrative functions until a new one is formed after the election.
7. 199Publication of county legislationCounty legislation does not take effect unless published in the Gazette. National and county legislation may add further publication requirements.
8. 200Legislation on ChapterParliament must legislate on everything needed to give effect to the devolution chapter. This may cover governing cities, transferring functions, how county officers are elected or removed, assembly procedure, and suspension of assemblies and executive committees.

Summaries and answers are a plain-English guide written by Iam254, not legal advice. The official text is what counts. Official text: Constitution of Kenya, 2010, Kenya Law (National Council for Law Reporting), legislation as at 3 September 2010. It has not been amended since.