The constitution of Kenya creates 47 county governments. This number is based on the delineation of administrative districts as created under the Provinces and Districts Act of 1992.
Counties in Kenya are:
1 Mombasa County
2 Kwale County
3 Kilifi County
4 Tana River County
5 Lamu County
6 Taita/Taveta County
7 Garissa County
8 Wajir County
9 Mandera County
10 Marsabit County
11 Isiolo County
12 Meru County
13 Tharaka-Nithi County
14 Embu County
15 Kitui County
16 Machakos County
17 Makueni County
18 Nyandarua County
19 Nyeri County
20 Kirinyaga County
21 Murang’a County
22 Kiambu County
23 Turkana County
24 West Pokot County
25 Samburu County
26 Trans Nzoia County
27 Uasin Gishu County
28 Elgeyo Marakwet County
29 Nandi County
30 Baringo County
31 Laikipia County
32 Nakuru County
33 Narok County
34 Kajiado County
35 Kericho County
36 Bomet County
37 Kakamega County
38 Vihiga County
39 Bungoma County
40 Busia County
41 Siaya County
42 Kisumu County
43 Homa Bay County
44 Migori County
45 Kisii County
46 Nyamira County
47 Nairobi County
The structure of county government includes:
County assemblies, county executive committees and county public service. The Proposed Constitution also provides for the sources of funds for the county governments.
The county governments oversee:
- agriculture (crop and animal husbandry).
- county health services.
- cultural activities.
- public entertainment and public amenities.
- county transport.
- trade development and regulation.
- county planning and development.
- pre-primary education, village polytechnics, home craft centres and childcare Facilities.
- implementation of specifi c national government policies on natural resources, environmental conservation.
- county public works and services.
Boundaries of Counties
The boundaries of a county will be drawn and may be altered only by a resolution:
- recommended by an independent commission set up for that purpose by Parliament, and
- passed by:
- – the National Assembly with the support of at least two thirds of all of the members of the Assembly; and
– the Senate with the support of at least two-thirds of all of the county delegations.
The boundaries of a county may be altered when the following factors are put into consideration:opulation density and demographic trends.
- physical and human infrastructure.
- historical and cultural ties.
- cost of administration.
- views of the communities affected.
- objects of devolution of government.
- geographical features.
A county assembly consists of:
1. members elected by the registered voters of the wards in a general election.
2. the number of special seats necessary to ensure that no more than two-thirds of the membership of the assembly are of the same gender.
3. members of marginalised groups, including persons with disabilities and the youth, as prescribed by an Act of Parliament.
4. the Speaker, who is an ex offi cio 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.
Functions of County Assemblies
The functions include:
- making laws for the effective performance of the county government.
- exercising oversight over the county executive committee.
- receiving and approving plans and policies for:
– managing and exploiting the county’s resources, and
– developing and managing the infrastructure and institutions.
Eligibility for election to a County Assembly
One is eligible if he/she:
- is registered as a voter.
- satisfies educational, moral and ethical requirements
- prescribed by law.
- is either:
– nominated by a political party; or
– an independent candidate supported by at least five hundred registered voters in the Ward concerned.
A person is disqualified from being elected a member of a county assembly if the person:
- is a State officer or other public offi cer.
- has at any time within past five years held office as a member of the Independent Electoral and Boundaries Commission.
- has not been a citizen of Kenya for at least ten years before the date of election.
- is of unsound mind.
- is an undischarged bankrupt.
- is serving a sentence of imprisonment of at least six months.
- has been found in accordance with any law to have
- misused or abused a State or public office.
County Executive Committees
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The executive authority of the county is vested in thecounty 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 not exceed:
- one-third of the number of members of the county assembly, if the assembly has less than thirty members; or
- ten, if the assembly has thirty or more 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 offi ce of the county governor,the members of the county executive committee cease to hold offi ce 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
Functions of county executive committees
- implement county legislation.
- implement, within the county, national legislation to the extent that the legislation so requires.
- manage and coordinate the functions of the county administration and its departments.
- prepare proposed legislation for consideration by the county assembly.
- provide the county assembly with full and regular reports on matters relating to the county.
County Governor and Deputy County Governor The county governor is directly elected by the voters registered in the county at a general election for a term of 5 years and, if re-elected, can serve for another fi nal term of 5 years.
To be eligible for election as county governor, a person must be eligible for election as a member of the county assembly.
Each candidate for election as county governor will nominate a person as his/her running mate to be the deputy governor.
Removal of a County Governor
A county governor may be removed from offi ce on any of the following grounds:
- gross violation of this Constitution or any other law.
- there are serious reasons for believing that the county governor has committed a crime under national or international law.
- abuse of offi ce or gross misconduct.
- physical or mental incapacity to perform the functions of offi ce of county governor.
Staffing of County Governments
A county government is responsible, within a framework of uniform norms and standards prescribed by an Act
of Parliament for:
- establishing and abolishing offi ces in its public service.
- appointing persons to hold or act in those offices, and confi rming appointments.