Devolved Government

The objects of the devolution of government are—

1. to promote democratic and accountable exercise of power;
2. to foster national unity by recognising diversity;
3. to give powers of self-governance to the people and enhance the participation of the people in the
   exercise of the powers of the State and in making decisions affecting them;
4. to recognise the right of communities to manage their own affairs and to further their development;
5. to protect and promote the interests and rights of minorities and marginalised communities;
6. to promote social and economic development and the provision of proximate, easily accessible
   services throughout Kenya;
7. to ensure equitable sharing of national and local resources throughout Kenya;
8. to facilitate the decentralisation of State organs, their functions and services, from the capital of
   Kenya; and
9. to enhance checks and balances and the separation of powers.

County governments established under this Constitution shall reflect the following principles—

1. 1. county governments shall be based on democratic principles and the separation of powers;
   2. county governments shall have reliable sources of revenue to enable them to govern and deliver
      services effectively; and
   3. no more than two-thirds of the members of representative bodies in each county government shall
      be of the same gender.

Part 2 – County governments

1. There shall be a county government for each county, consisting of a county assembly and a county
   executive.
2. Every county government shall decentralise its functions and the provision of its services to the
   extent that it is efficient and practicable to do so.

1. A county assembly consists of—
   1. members elected by the registered voters of the wards, each ward constituting a single
      member constituency, on the same day as a general election of Members of Parliament,
      being the second Tuesday in August, in every fifth year;
   2. the number of special seat members necessary to ensure that no more than two-thirds of the
      membership of the assembly are of the same gender;
   3. the number of members of marginalised groups, including persons with disabilities and the
      youth, prescribed by an Act of Parliament; and
   4. the Speaker, who is an ex officio member.
2. The members contemplated in clause (1)(b) and (c) shall, in each case, be nominated by political
   parties in proportion to the seats received in that election in that county by each political party
   under paragraph (a) in accordance with Article 90.
3. The filling of special seats under clause (1)(b) shall be determined after declaration of elected
   members from each ward.
4. A county assembly is elected for a term of five years.

1. Each county assembly shall have a speaker elected by the county assembly from among persons who
   are not members of the assembly.
2. A sitting of the county assembly shall be presided over by—
   1. the speaker of the assembly; or
   2. in the absence of the speaker, another member of the assembly elected by the assembly.
3. Parliament shall enact legislation providing for the election and removal from office of speakers of
   the county assemblies.

1. The executive authority of the county is vested in, and exercised by, a county executive committee.
2. The county executive committee consists of—
   1. the county governor and the deputy county governor; and
   2. 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—
   1. one-third of the number of members of the county assembly, if the assembly has less than
      thirty members; or
   2. 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.

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—
   1. as a county governor for more than two terms; or
   2. 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).

1. A county governor may be removed from office on any of the following grounds—
   1. gross violation of this Constitution or any other law;
   2. where there are serious reasons for believing that the county governor has committed a
      crime under national or international law;
   3. abuse of office or gross misconduct; or
   4. 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).

1. The office of the county governor shall become vacant if the holder of the office—
   1. dies;
   2. resigns, in writing, addressed to the speaker of the county assembly;
   3. ceases to be eligible to be elected county governor under Article 180(2);
   4. is convicted of an offence punishable by imprisonment for at least twelve months; or
   5. 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)—
   1. 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
   2. 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).

1. A county executive committee shall—
   1. implement county legislation;
   2. implement, within the county, national legislation to the extent that the legislation so
      requires;
   3. manage and coordinate the functions of the county administration and its departments; and
   4. 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.

1. National legislation shall provide for the governance and management of urban areas and cities and
   shall, in particular—
   1. establish criteria for classifying areas as urban areas and cities;
   2. establish the principles of governance and management of urban areas and cities; and
   3. 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.

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—
   1. the management and exploitation of the county’s resources; and
   2. the development and management of its infrastructure and institutions.

Part 3 – Functions and powers of County governments

1. Except as otherwise provided by this Constitution, the functions and powers of the national
   government and the county governments, respectively, are as set out in the Fourth Schedule.
2. A function or power that is conferred on more than one level of government is a function or power
   within the concurrent jurisdiction of each of those levels of government.
3. A function or power not assigned by this Constitution or national legislation to a county is a
   function or power of the national government.
4. For greater certainty, Parliament may legislate for the Republic on any matter.

1. A function or power of government at one level may be transferred to a government at the other
   level by agreement between the governments if—
   1. the function or power would be more effectively performed or exercised by the receiving
      government; and
   2. the transfer of the function or power is not prohibited by the legislation under which it is to
      be performed or exercised.
2. If a function or power is transferred from a government at one level to a government at the other
   level—
   1. arrangements shall be put in place to ensure that the resources necessary for the
      performance of the function or exercise of the power are transferred; and
   2. constitutional responsibility for the performance of the function or exercise of the power
      shall remain with the government to which it is assigned by the Fourth Schedule.

Part 4 – The boundaries of counties

1. The boundaries of a county may be altered only by a resolution—
   1. recommended by an independent commission set up for that purpose by Parliament; and
   2. passed by—
      1. the National Assembly, with the support of at least two-thirds of all of the members of
         the Assembly; and
      2. the Senate, with the support of at least two-thirds of all of the county delegations.
2. The boundaries of a county may be altered to take into account—
   1. population density and demographic trends;
   2. physical and human infrastructure;
   3. historical and cultural ties;
   4. the cost of administration;
   5. the views of the communities affected;
   6. the objects of devolution of government; and
   7. geographical features.

Part 5 – Relationship between governments

1. Government at either level shall—
   1. perform its functions, and exercise its powers, in a manner that respects the functional
      and institutional integrity of government at the other level, and respects the constitutional
      status and institutions of government at the other level and, in the case of county
      government, within the county level;
   2. assist, support and consult and, as appropriate, implement the legislation of the other level
      of government; and
   3. liaise with government at the other level for the purpose of exchanging information,
      coordinating policies and administration and enhancing capacity.
2. Government at each level, and different governments at the county level, shall co-operate in the
   performance of functions and exercise of powers and, for that purpose, may set up joint committees
   and joint authorities.
3. In any dispute between governments, the governments shall make every reasonable effort to settle
   the dispute, including by means of procedures provided under national legislation.
4. National legislation shall provide procedures for settling inter-governmental disputes by alternative
   dispute resolution mechanisms, including negotiation, mediation and arbitration.

1. Parliament shall by legislation ensure that county governments have adequate support to enable
   them to perform their functions.
2. County governments shall operate financial management systems that comply with any
   requirements prescribed by national legislation.
3. Parliament shall, by legislation, provide for intervention by the national government if a county
   government—
   1. is unable to perform its functions; or
   2. does not operate a financial management system that complies with the requirements
      prescribed by national legislation.
4. Legislation under clause (3) may, in particular, authorise the national government—
   1. to take appropriate steps to ensure that the county government’s functions are performed
      and that it operates a financial management system that complies with the prescribed
      requirements; and
   2. if necessary, to assume responsibility for the relevant functions.
5. The legislation under clause (3) shall—
   1. require notice to be given to a county government of any measures that the national
      government intends to take;
   2. permit the national government to take only measures that are necessary;
   3. require the national government, when it intervenes, to take measures that will assist the
      county government to resume full responsibility for its functions; and
   4. provide for a process by which the Senate may bring the intervention by the national
      government to an end.

1. This Article applies to conflicts between national and county legislation in respect of matters falling
   within the concurrent jurisdiction of both levels of government.
2. National legislation prevails over county legislation if—
   1. the national legislation applies uniformly throughout Kenya and any of the conditions
      specified in clause (3) is satisfied; or
   2. the national legislation is aimed at preventing unreasonable action by a county that—
      1. is prejudicial to the economic, health or security interests of Kenya or another county;
         or
      2. impedes the implementation of national economic policy.
3. The following are the conditions referred to in clause (2)(a)—
   1. the national legislation provides for a matter that cannot be regulated effectively by
      legislation enacted by the individual counties;
   2. the national legislation provides for a matter that, to be dealt with effectively, requires
      uniformity across the nation, and the national legislation provides that uniformity by
      establishing—
      1. norms and standards; or
      2. national policies; or
   3. the national legislation is necessary for—
      1. the maintenance of national security;
      2. the maintenance of economic unity;
      3. the protection of the common market in respect of the mobility of goods, services,
         capital and labour;
      4. the promotion of economic activities across county boundaries;
   4. the promotion of equal opportunity or equal access to government services; or
      1. the protection of the environment.
4. County legislation prevails over national legislation if neither of the circumstances contemplated in
   clause (2) apply.
5. In considering an apparent conflict between legislation of different levels of government, a court
   shall prefer a reasonable interpretation of the legislation that avoids a conflict to an alternative
   interpretation that results in conflict.
6. A decision by a court that a provision of legislation of one level of government prevails over a
   provision of legislation of another level of government does not invalidate the other provision, but
   the other provision is inoperative to the extent of the inconsistency.

Part 6 – Suspension of county governments

1. The President may suspend a county government—
   1. in an emergency arising out of internal conflict or war; or
   2. in any other exceptional circumstances.
2. A county government shall not be suspended under clause (1)(b) unless an independent
   commission of inquiry has investigated allegations against the county government, the President is
   satisfied that the allegations are justified and the Senate has authorised the suspension.
3. During a suspension under this Article, arrangements shall be made for the performance of the
   functions of a county government in accordance with an Act of Parliament.
4. The Senate may at any time terminate the suspension.
5. A suspension under this Article shall not extend beyond a period of ninety days.
6. On the expiry of the period provided for under clause (5), elections for the relevant county
   government shall be held.

Part 7 – General

1. Unless disqualified under clause (2), a person is eligible for election as a member of a county
   assembly if the person—
   1. is registered as a voter;
   2. satisfies any educational, moral and ethical requirements prescribed by this Constitution or
      an Act of Parliament; and
   3. is either—
      1. nominated by a political party; or
      2. an independent candidate supported by at least five hundred registered voters in the
         ward concerned.
2. A person is disqualified from being elected a member of a county assembly if the person—
   1. is a State officer or other public officer, other than a member of the county assembly;
   2. has, at any time within the five years immediately before the date of election, held office as a
      member of the Independent Electoral and Boundaries Commission;
   3. has not been a citizen of Kenya for at least the ten years immediately preceding the date of
      election;
   4. is of unsound mind;
   5. is an undischarged bankrupt;
   6. is serving a sentence of imprisonment of at least six months; or
   7. has been found, in accordance with any law, to have misused or abused a State office or
      public office or to have contravened Chapter Six.
3. A person is not disqualified under clause (2) unless all possibility of appeal or review of the relevant
   sentence or decision has been exhausted.

1. The office of a member of a county assembly becomes vacant—
   1. if the member dies;
   2. 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;
   3. if the member is removed from office under this Constitution or legislation enacted under
      Article 80;
   4. if the member resigns in writing addressed to the speaker of the assembly;
   5. if, having been elected to the assembly—
      1. 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
      2. as an independent candidate, the member joins a political party;
   6. at the end of the term of the assembly; or
   7. 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.

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—
   1. enforce the attendance of witnesses and examining them on oath, affirmation or otherwise;
   2. compel the production of documents; and
   3. issue a commission or request to examine witnesses abroad.

1. A county assembly shall—
   1. conduct its business in an open manner, and hold its sittings and those of its committees, in
      public; and
   2. 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.

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

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.

1. County legislation does not take effect unless published in the Gazette.
2. National and county legislation may prescribe additional requirements in respect of the publication
   of county legislation.

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—
   1. the governance of the capital city, other cities and urban areas;
   2. 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;
   3. the manner of election or appointment of persons to, and their removal from, offices in
      county governments, including the qualifications of voters and candidates;
   4. the procedure of assemblies and executive committees including the chairing and frequency
      of meetings, quorums and voting; and
   5. the suspension of assemblies and executive committees.