The Constitution of Kenya 2010 creates an ambitious County Government
structure based on principles of democracy, revenue reliability, gender equity,
accountability and citizen participation.
3.1 The type of devolution provided in the Constitution of Kenya 2010
The Constitution of Kenya provides a two-tier system of government (National
and County respectively). From the outset, Article 1 (4) of the Kenyan Constitution
recognizes the fact that the sovereign power of the people is exercised at both
the National and the County levels. The constitution further creates 47 counties
as outlined in the First Schedule with delineated functions and responsibilities
(Fourth Schedule).
It is imperative to note that the governments at the national and county levels
are distinct and inter-dependent and shall conduct their mutual relations on the
basis of consultation and cooperation. Article 174 of the constitution, highlights
key objectives of devolved government, among them, promoting social and
economic development and the provision of proximate, easily accessible services
throughout Kenya; ensure equitable sharing of national and local resources
throughout Kenya; facilitate the decentralization of State organs, their functions
and services, from the capital of Kenya.
3.2 Institutions of County Government
3.2.1 County Assemblies
A county assembly consists of: Members elected by the registered voters of the wards in a general election; the number of special seats necessary to ensure that no more than two-thirds of the membership of the assembly is of the same gender; members of marginalised groups, including persons with disabilities and the youth, as prescribed by an Act of Parliament and the Speaker, who is an ex-officio member. The members in 2 and 3 are to be nominated by political parties in proportion to the seats received in the election in a particular county.
3.2.2 County Executive Committees
The executive authority of the county is vested in the county executive
committee.
The committee consists of: the county governor and the deputy county
governor; and members appointed by the county governor, with the approval
of the assembly, from among persons who are not members of the assembly.
The number of members of the committee should be a third of the number of
members of the county assembly, if the assembly has no more than 30 members;
or 10, if the assembly has more than 30 members.
The county governor and the deputy county governor are the chief executive
and deputy chief executive of the county respectively. Members of a county
executive committee are accountable to the county governor for the performance
of their functions and exercise of their powers. If a vacancy arises in the office
of the county governor, the members of the county executive committee cease
to hold office but the executive committee of the county, as last constituted
remains competent to perform administrative functions until a new executive
committee is constituted in case of election.
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