County Assembly is established under Article 176 (1) of the Constitution which provides that: - “There shall be a county government for each county, consisting of a county assembly and a county executive.” The Constitution establishes the County Assembly which shall consist of members elected by the registered voters of the wards; each ward constituting a single-member constituency.
County Assembly Membership
The County Assembly consists of the Speaker who is an ex officio member, 45 elected members representing 45 Wards and nominated members who represent special interest groups. Thereby observing article177 of the CoK 2010 on Membership of the County Assembly. 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; the number of members of marginalized groups, including persons with disabilities and the youth, prescribed by an Act of Parliament; and the Speaker, who is an ex officio member.
County Assembly Roles
The role of the County Assembly in Kenya is largely concerned with legislation. The county assembly in Kenya is the law-making organ of the county government. It is one of the state organs that the Constitution delegates power. 47 county assemblies in Kenya are unique to each of the 47 counties. The roles of the County Assembly are enshrined in the constitution under Article 185 of the Constitution which provides that:-
- 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:-
a. The management and exploitation of the county’s resources; and
b. The development and management of its infrastructure and institutions.
Further, Section 8(1) of the County Government Act provides additional roles in the form of:-
Role of the County Assembly
The county assembly shall:
- 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.
- Perform any other role as may be set out under the Constitution or legislation.