the county flag;

county coat of arms; and

the county public seal.

develop the symbols of the county through a consultative process;

submit the symbol to the county assembly for approval; and

apply to the College of Arms for a grant of arms in accordance with section 4 of the College of Arms Act (Cap. 98).

county legislation in accordance with Article 185 of the Constitution;

exercising executive functions in accordance with Article 183 of the Constitution;

functions provided for in Article 186 and assigned in the Fourth Schedule of the Constitution;

any other function that may be transferred to county governments from the national government under Article 187 of the Constitution;

any functions agreed upon with other county governments under Article 189(2) of the Constitution; and

establishing and staffing its public service as contemplated under Article 235 of the Constitution.

enter into a contract;

acquire, purchase or lease any land; or

delegate any of its functions to its officers, decentralised units or other entities within the county.

establish a company, firm or other body for the delivery of a particular service or carrying on of a particular function; or

contract any person, company, firm or other body for the delivery of a particular service or carrying on a particular function.

six nominated members as contemplated in Article 177(c) of the Constitution; and

the speaker, who is an ex officio member elected in accordance with Article 178 of the Constitution.

community and cultural diversity of the county is reflected in the county assembly; and

there is adequate representation to protect minorities within the county in accordance with Article 197 of the Constitution.

the place of sitting within the county as set out in the Third Schedule; and

the date of the first sitting of the new county assembly, which shall not be more than thirty days from the date on which the county assembly shall be fully constituted as provided for under section 7A.

vet and approve nominees for appointment to county public offices as may be provided for in this Act or any other law;

perform the roles set out under Article 185 of the Constitution;

approve the budget and expenditure of the county government in accordance with Article 207 of the Constitution, and the legislation contemplated in Article 220(2) of the Constitution, guided by Articles 201 and 203 of the Constitution;

approve the borrowing by the county government in accordance with Article 212 of the Constitution;

approve county development planning; and

perform any other role as may be set out under the Constitution or legislation.

maintain close contact with the electorate and consult them on issues before or under discussion in the county assembly;

present views, opinions and proposals of the electorate to the county assembly;

attend sessions of the county assembly and its committees;

provide a linkage between the county assembly and the electorate on public service delivery; and

extend professional knowledge, experience or specialised knowledge to any issue for discussion in the county assembly.

executive functions of the county government and its administration; or

delivery of services as if the member were an officer or employee of the county government.

the speaker of the county assembly;

the leader of the majority party; and

the leader of the minority party.

when a new county assembly first meets after an election;

if the office holder is disqualified from being elected as a member of a county assembly on grounds specified under Article 193(2) of the Constitution;

if the county assembly so resolves by a resolution supported by at least two-thirds of all the members of the county assembly;

if the office holder resigns from office in a letter addressed to the county assembly; or

if the office holder dies.

gross violation of the Constitution or any other law;

incompetence;

gross misconduct;

if convicted of an offence punishable by imprisonment for at least six months; or

inability to perform the functions of the office of speaker arising from mental or physical incapacity.

be given in writing to the clerk of the county assembly;

be signed by at least one third of all the members of the county assembly; and

state the grounds for removal as specified in subsection (2).

the grounds for removal as specified in subsection (2) in which the speaker is in breach; and

the facts constituting those grounds.

the clerk of the county assembly shall within five days—

notify the speaker; and

invite the speaker to respond, within seven days, in writing setting out the grounds of opposition;

the office holder vacates office pursuant to Article 194 of the Constitution; or

the county assembly so resolves by a resolution supported by at least two-thirds of all the members of the county assembly.

the Speaker of the county assembly, as the chairperson;

a vice-chairperson elected by the Board from the members appointed under paragraph (c);

two members of the county assembly nominated by the political parties represented in the county assembly according to their proportion of members in the county assembly; and

one man and one woman appointed by the county assembly from amongst persons who are experienced in public affairs, but are not members of the county assembly.

if the person is an appointed member, on revocation of the person’s appointment by the county assembly; or

if the person is the Speaker, when the person ceases to be such Speaker.

providing services and facilities to ensure the efficient and effective functioning of the county assembly;

constituting offices in the county assembly service, and appointing and supervising office holders;

preparing annual estimates of expenditure of the county assembly service and submitting them to the county assembly for approval, and exercising budgetary control over the service;

undertaking, singly or jointly with other relevant organizations, programmes to promote the ideals of parliamentary democracy; and

is a citizen of Kenya;

holds a degree from a university recognised in Kenya or its equivalent;

has had at least five years relevant professional experience;

meets the requirements of leadership and integrity set out in Chapter Six of the Constitution.

may make standing orders consistent with the Constitution and this Act regulating the procedure of the county assembly including, in particular, orders for the proper conduct of proceedings; and

subject to standing orders made under paragraph (a), may establish committees in such manner and for such general or special purposes as it considers fit, and regulate the procedure of any committee so established.

there being a vacancy in its membership at the particular time; or

the presence or participation at the particular time of a person not entitled to be present at, or to participate in, the proceedings of the county assembly.

the appointment shall be considered first by a committee of the county assembly;

the committee’s recommendation shall be tabled before the county assembly for approval; and

the proceedings of the committee and the county assembly shall be open to the public.

the speaker of the county assembly has no vote; and

in the case of a tie, the question is lost.

at all times observe the principles of integrity including those set out in Chapter Six of the Constitution; and

promptly declare to the speaker any interest that the member has in any matter being discussed in the county assembly.

taxes;

the imposition of charges on a public fund or the variation or repeal of any of those charges;

the appropriation, receipt, custody, investment or issue of public money;

the raising or guaranteeing of any loan or its repayment; or

matters incidental to any of those matters.

assent to the Bill; or

refer the bill back to the county assembly with a memorandum outlining reasons for the referral.

amend the Bill taking into account the issues raised by the governor; or

pass the Bill without amendment.

ensure that no county shall comprise less than twenty-five Wards; and

be completed at least twelve months before a general election of county assembly members.

geographical features and urban centres;

community of interest, historical, economic and cultural ties; and

means of communication.

forty per cent for cities and sparsely populated areas; or

thirty per cent for the other areas.

consult all interested parties; and

progressively work towards ensuring that the number of inhabitants in each constituency and Ward is, as nearly as possible, equal to the population quota.

gross violation of the Constitution or any other law;

incompetence;

gross misconduct; or

if convicted of an offence punishable by imprisonment for at least six months.

in writing;

signed by a petitioner who is a voter in the ward in respect of which the recall is sought;

deleted by Act No. 11 of 2020, s. 10.

specify the grounds for the recall as specified under section 27(2);

contain a list of such number of names of voters in the Ward which shall represent at least thirty percent of the registered voters in that Ward; and

be accompanied by the fee prescribed for an election petition.

diligently execute the functions and exercise the authority provided for in the Constitution and legislation;

perform such State functions within the county as the President may from time to time assign on the basis of mutual consultations;

represent the county in national and international fora and events;

appoint, with the approval of the county assembly, the county executive committee in accordance with Article 179(2)(b) of the Constitution;

constitute the county executive committee portfolio structure to respond to the functions and competencies assigned to and transferred to each county;

submit the county plans and policies to the county assembly for approval;

consider, approve and assent to bills passed by the county assembly;

chair meetings of the county executive committee;

by a decision notified in the county Gazette, assign to every member of the county executive committee, responsibility to ensure the discharge of any function within the county and the provision of related services to the people;

submit to the county assembly an annual report on the implementation status of the county policies and plans;

deliver annual state of the county address containing such matters as may be specified in county legislation; and

sign and cause to be published in the county Gazette, notice of all important formal decisions made by the governor or by the county executive committee.

provide leadership in the county’s governance and development;

provide leadership to the county executive committee and administration based on the county policies and plans;

promote democracy, good governance, unity and cohesion within the county;

promote peace and order within the county;

promote the competitiveness of the county;

be accountable for the management and use of the county resources; and

promote and facilitate citizen participation in the development of policies and plans, and delivery of services in the county.

the deputy governor-elect shall be sworn in as acting governor on the date on which the governor elect would otherwise have been sworn-in; and

a fresh election to the office of governor shall be held within sixty days after the death of the governor-elect.

dies;

resigns by a notice, in writing, addressed to the governor;

ceases to be eligible for nomination as deputy governor under Article 180(5) of the Constitution;

assumes the office of governor under Article 182(2) of the Constitution;

is convicted of an offence punishable by imprisonment for at least six months; or

is removed from office under this Act.

within fourteen days, nominate the deputy governor; and

with the approval of the county assembly, appoint a deputy governor.

consider a motion for approval for the appointment of the deputy governor, within fourteen days, and resolve whether to approve the motion; and

be deemed to have approved the motion for the appointment of the deputy governor upon the lapse of fourteen days and having failed to make a resolution.

to have served a full term as county deputy governor if, at the date on which the person is appointed, more than two and a half years remain before the date of the next regularly scheduled election under Article 180(1) of the Constitution; or

not to have served a term of office as county deputy governor, in any other case.

the speaker of the county assembly shall inform the Speaker of the Senate of that resolution within two days; and

the governor shall continue to perform the functions of the office pending the outcome of the proceedings required by this section.

the Speaker of the Senate shall convene a meeting of the Senate to hear charges against the governor; and

the Senate, by resolution, may appoint a special committee comprising eleven of its members to investigate the matter.

investigate the matter; and

report to the Senate within ten days on whether it finds the particulars of the allegations against the governor to have been substantiated.

have not been substantiated, further proceedings shall not be taken under this section in respect of that allegation; or

have been substantiated, the Senate shall, after according the governor an opportunity to be heard, vote on the impeachment charges.

ensure that to the fullest extent possible, the composition of the executive committee reflects the community and cultural diversity of the county; and

take into account the principles of affirmative action as provided for in the Constitution.

not more than two thirds of either gender;

representation of the minorities, marginalized groups and communities; and

community and cultural diversity within the county.

is a Kenyan citizen;

is a holder of at least a first degree from a university recognised in Kenya;

satisfies the requirements of Chapter Six of the Constitution; and

has knowledge, experience and a distinguished career of not less than five years in the field relevant to the portfolio of the department to which the person is being appointed.

supervise the administration and delivery of services in the county and all decentralized units and agencies in the county;

perform any other functions conferred on it by the Constitution or national legislation; and

carry out any function incidental to any of the assigned functions.

attend or appear before the committee; and

answer any question relating to the member’s responsibilities.

gross violation of the Constitution or any other law;

incompetence;

abuse of office;

gross misconduct; or

if convicted of an offence punishable by imprisonment for at least six months.

the county assembly shall appoint a select committee comprising five of its members to investigate the matter; and

the select committee shall report, within ten days, to the county assembly whether it finds the allegations against the county executive committee member to be substantiated.

unsubstantiated, no further proceedings shall be taken; or

substantiated, the county assembly shall vote whether to approve the resolution requiring the county executive committee member to be dismissed.

the speaker of the county assembly shall promptly deliver the resolution to the governor; and

the governor shall dismiss the county executive committee member.

is a citizen of Kenya;

holds a degree from a university recognized in Kenya;

has at least ten years relevant professional experience;

has at least five years' experience in a leadership position at senior management level in a public service or private sector organization; and

meets the requirements of leadership and integrity as prescribed in Chapter Six of the Constitution.

a chairperson, not being a public officer;

one person from the private sector;

an Advocate of the High Court of Kenya, who is a member of the Law Society of Kenya;

an accountant who is a member of the Institute of Certified Public Accountants of Kenya; and

one person from an association representing workers.

the selection panel shall submit to the governor the names of two applicants who qualify for appointment as county secretary; and

the governor shall submit the name of one applicant to the county assembly for approval for appointment as county secretary by the governor.

be the head of the county public service;

be responsible for arranging the business, and keeping the minutes, of the county executive committee subject to the directions of the executive committee;

convey the decisions of the county executive committee to the appropriate persons or authorities; and

perform any other functions as directed by the county executive committee.

inability to perform functions of the office arising out of physical or mental infirmity;

incompetence;

gross misconduct;

bankruptcy; or

violation of the Constitution.

nominate qualified and experienced county chief officers from among persons competitively sourced and recommended by the County Public Service Board; and

with the approval of the county assembly, appoint county chief officers.

dies;

resigns by notice in writing addressed to the governor; or

is removed from office in accordance with the terms of service or any other written law applicable to the officer.

establish, continue or vary any department, and determine the objects and purposes of the department;

determine the number and nature of departments at the decentralized units;

abolish any department; and

determine or change the name of any department.

be responsive to the needs of the local community and the functions and competencies assigned to and transferred to the county;

facilitate a culture of public service and accountability in the county public service;

be performance oriented and focused on the objects of devolved government set out in Article 174 of the Constitution;

ensure that the county departments align their roles and responsibilities with the priorities and objectives set out in the county’s policies and plans;

organise its departments and other structures in a flexible way in order to respond to changing priorities and circumstances;

assign clear responsibilities for the management and coordination of departments and functions;

allow participatory decision making as far as is practicable; and

provide an equitable, fair, open and non-discriminatory working environment.

objective, measurable and time bound performance indicators;

linkage to mandates;

annual performance reports;

citizen participation in the evaluation of the performance of county government; and

public sharing of performance progress reports.

the urban areas and cities within the county established in accordance with the Urban Areas and Cities Act (No. 13 of 2011);

the sub-counties equivalent to the constituencies within the county established under Article 89 of the Constitution;

the Wards within the county established under Article 89 of the Constitution and section 26;

such number of village units in each county as may be determined by the county assembly of the respective county; and

such other or further units as a county government may determine.

population size;

geographical features;

community of interest, historical, economic and cultural ties; and

means of communication.

the development of policies and plans;

service delivery;

developmental activities to empower the community;

the provision and maintenance of infrastructure and facilities of public services;

the county public service;

exercise any functions and powers delegated by the County Public Service Board under section 86; and

facilitation and coordination of citizen participation in the development of policies and plans and delivery of services.

the development of policies and plans;

service delivery;

developmental activities to empower the community;

the provision and maintenance of infrastructure and facilities of public services;

the county public service;

exercise any functions and powers delegated by the County Public Service Board under section 86; and

coordination and facilitation of citizen participation in the development of policies and plans and delivery of services.

the exercise of any functions and powers delegated by the County Public Service Board under section 86.

the village administrator who shall be the chairperson of the village council; and

not less than three and not more than five village elders competitively appointed by the village administrator with the approval of the county assembly, taking into account gender balance.

ensuring and coordinating the participation of the village unit in governance;

assisting the village unit to develop the administrative capacity for the effective exercise of the functions and powers and participation in governance at the local level;

monitoring the implementation of policies at the village unit;

advising the ward administrator and sub-county administrator on matters pertaining to the village; and

any other function necessary for the better administration of the village unit.

is a citizen of Kenya;

has been a resident of or has been the owner of property in the respective village unit for a continuous period of not less than five years prior to the appointment date;

meets the requirements of Chapter Six of the Constitution; and

is not disqualified for appointment to office by this Act or any other law.

a chairperson appointed in accordance with section 58A;

at least three but not more than five members appointed in accordance with section 58A;

a certified public secretary of good professional standing nominated and appointed by the governor, with the approval of the county assembly, who shall be the secretary to the board.

satisfies the provisions of Chapter Six of the Constitution;

is not a state or public officer;

is, or as at any time been, a candidate for election as a member of Parliament or of a county assembly;

is, or has at any time been, the holder of an office in any political organisation that sponsors or otherwise supports, or has at any time sponsored or otherwise supported, a candidate for election as a member of Parliament or of a county assembly;

in the case of chairperson or vice-chairperson, possesses a minimum qualification of a bachelor’s degree from a recognised university and working experience of not less than ten years; and

hold office for a non-renewable term of six years; and

may serve on a part-time basis.

on grounds set out for the removal of members of a constitutional commission under Article 251(1) of the Constitution; and

by a vote of not less than seventy five percent of all the members of the county assembly.

a chairperson, not being a public officer;

one person from the private sector;

an Advocate of the High Court of Kenya, who is a member of the Law Society of Kenya;

an accountant who is a member of the Institute of Certified Public Accountants of Kenya; and

one person from an association representing workers.

consider the applications to determine their compliance with the provisions of the Constitution and this Act;

shortlist the applicants;

interview the shortlisted applicants; and

submit the names of three qualified applicants for the position of chairperson, six qualified applicants for the position of a member and two qualified applicants for the position secretary to the Governor.

observe the principle of gender equity, ethnic and other diversities of the people of Kenya, and shall ensure equality of opportunity for persons with disabilities; and

take into account the national values and principles set out in Articles 10, 27 and 232 of the Constitution.

establish and abolish offices in the county public service;

appoint persons to hold or act in offices of the county public service including in the Boards of cities and urban areas within the county and to confirm appointments;

exercise disciplinary control over, and remove, persons holding or acting in those offices as provided for under this Part;

prepare regular reports for submission to the county assembly on the execution of the functions of the Board;

promote in the county public service the values and principles referred to in Articles 10 and 232;

evaluate and report to the county assembly on the extent to which the values and principles referred to in Articles 10 and 232 are complied with in the county public service;

facilitate the development of coherent, integrated human resource planning and budgeting for personnel emoluments in counties;

advise the county government on human resource management and development;

advise county government on implementation and monitoring of the national performance management system in counties;

make recommendations to the Salaries and Remuneration Commission, on behalf of the county government, on the remuneration, pensions and gratuities for county public service employees.

inform and educate county public officers and the public about the values and principles;

recommend to the county government effective measures to promote the values and principles;

assist county government in the formulation and implementation of programmes intended to inculcate in public officers the duty to uphold the values and principles;

advise the county governments on their obligations under international treaties and conventions on good governance in the county public service;

visit any county public office or body with a view to assessing and inspecting the status of compliance with the values and principles;

investigate, on its own initiative or upon a complaint made by any person or group of persons, the violation of any values and principles;

recommend to the relevant lawful authority, any necessary action in view of the violation of the values and principles by any person or public body;

cooperate with other institutions working in the field of good governance in the public service; and

perform any other functions as the Board considers necessary for the promotion of the values and principles.

be delivered each December to the county assembly;

include all the steps taken and decisions made by the board;

include specific recommendations that require to be implemented in the promotion and protection of the values and principles;

include specific decisions on particulars of persons or public body who have violated the values and principles, including action taken or recommended against them;

include any impediment in the promotion of the values and principles; and

include the programmes the board is undertaking or has planned to undertake in the medium term towards the promotion of the values and principles.

the establishment of the public office shall serve public interest in line with the core functions of the county government;

there exists no other public office in the county public service discharging or capable of discharging the duties for which the county is requested to establish another office;

upon the establishment of the office, the office shall be vacant to be filled competitively and transparently in accordance with the prescribed appointment or promotion procedures;

the establishment of the office including its level of grading, qualification and remuneration shall not disadvantage similar offices in the county public service or occasion unfair competition for staff among county public bodies;

the establishment of the office shall not confer unfair advantage to a group of or individual serving public officers;

the county government entity has prudently utilized offices previously provided in its establishment; and

funding for the office to be established is duly provided for.

the overall workload in the county public service concerned; and

the suitability of that department but not any other to be the domicile of the public office to be established.

the abolition of the public office shall serve the public interest in view of the core functions of the county government;

there exists another public office in the county public service discharging or capable of discharging the duties of the office which the county government is requested to abolish;

the abolition of the office shall not confer unfair advantage to a group of, or individual public officer; or

the county government or office has been reorganized or abolished.

at the request of the relevant county chief officer of the department to which the appointment is to be made;

deleted by Act No. 11 of 2020, s. 20;

on the County Public Service Board’s own motion on account of best interest of the county public service and parity of treatment of public officers taking into account the circumstances of each case.

delegating a duty for which the law does not prohibit delegation; or

deploying another officer to perform duties vested in another office during a temporary absence.

be made by an officer who is qualified and competent to perform the duty; and

not undermine the expeditious appointment or deployment of a competent person to the public office concerned.

the standards, values and principles set out in Articles 10, 27(4), 56(c) and 232(1) of the Constitution;

the prescribed qualifications for holding or acting in the office;

the experience and achievements attained by the candidate;

the need to ensure that the candidates proposed for appointment have knowledge and experience in diverse fields including human resource management and development and finance;

the conduct of the candidate in view of any relevant code of conduct, ethics and integrity;

the need to ensure that at least thirty percent of the vacant posts at entry level are filled by candidates who are not from the dominant ethnic community in the county;

the need for open and transparent recruitment of public servants; and

individual performance.

implement affirmative action measures consistent with the purpose of this Act; and

distinguish, exclude or prefer any person on the basis of an inherent requirement of a particular office in the county public service.

take measures to ensure that diversity is maintained in the county public service;

implement strategies that result in the granting of a fair opportunity to all persons applying to serve in the county public service and the elimination of ethnicity within the county public service;

identify and eliminate employment barriers against persons who do not belong to the dominant ethnic group within the county or marginalized persons that result from systems of employment, policies or practices which are not authorized by law; and

afford an equal opportunity to all persons, including marginalized groups in the county, in the appointment process to an office in the county public service.

take measures whose implementation would cause undue hardship on the county public service board;

appoint or promote persons who do not meet the qualifications or requirements of an office;

deviate from the provisions of Article 232 of the Constitution; or

create new offices or positions in the county public service.

collect information and conduct an analysis of the county public service in order to determine the degree of the underrepresentation of persons in marginalized groups in each occupational group in the respective county public service; and

conduct a review of the county public service systems, policies and practices, in order to identify employment barriers against persons from minority or marginalized groups that result from those systems, policies and practices.

set out the positive policies and practices which shall be instituted in the short term for the hiring and retention of underrepresented persons or persons belonging to marginalized groups;

outline the strategies through which the county public service board shall ensure that at least thirty percent of the offices in the county public service consists of persons who are not from the dominant ethnic community within the county where this has not been achieved;

set out the affirmative action measures required to be implemented and the anticipated outcome of such measures;

set out the framework for monitoring and evaluating the implementation of the equity plan;

set out the long-term goal for increasing representation of underrepresented persons or marginalized groups in the county public service and the employment strategies for achieving such goals; and

set out such other information as the county public service board shall consider necessary.

updating the short term goals, taking into account the factors set out in section 68C; and

make any other changes that are necessary as a result of an assessment made pursuant to section 68B or as a result of changing circumstances.

the office is not vacant;

the public officer does not meet all the qualifications, except for experience at a lower grade in the relevant cadre, attached to the public office;

the decision to re-designate the officer may disadvantage any public officer already serving in the relevant cadre; or

the officer subject to re-designation has not consented to the re-designation.