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Mandate of Assembly

County Governments came into existence after the March 4, 2013 general election, having been established under Article 176 of the Constitution, which state … “County Governments for each County consist of a County Assembly and a County Executive…, each with its distinct (separate) powers as the most fundamental principle (Art. 185(3)). Further, Articles 175, 177 and 178 of the Constitution, prescribe the principles of devolved Governments and spells out the membership of TTCA.

Articles 176 (1) and 185 of the CoK establish the Taita Taveta County Assembly as the legislative arm of the Taita Taveta County Government. Like most legislatures, the Assembly’s core functions include legislating, oversight and representation. Articles 185 of the Constitution and 8 of the County Governments Act, 2013, further state that:

Role of the County Assembly

According to the County Governments Act:

The county assembly shall—

  1. vet and approve nominees for appointment to county public offices as may be provided for in this Act or any other law;
  2. perform the roles set out under Article 185 of the Constitution;
  3. 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;
  4. approve the borrowing by the county government in accordance with Article 212 of the Constitution;
  5. approve county development planning; and
  6. perform any other role as may be set out under the Constitution or legislation.

If a county assembly fails to enact any particular legislation required to give further effect to any provision of this Act, a corresponding national legislation, if any, shall with necessary modifications apply to the matter in question until the county assembly enacts the required legislation. No. 17 of 2012 [Rev. 2012] County Governments [Issue 1] 14

Role of Members of the County Assembly

A member of a county assembly shall—

  1. maintain close contact with the electorate and consult them on issues before or under discussion in the county assembly;
  2. present views, opinions and proposals of the electorate to the county assembly;
  3. attend sessions of the county assembly and its committees;
  4. provide a linkage between the county assembly and the electorate on public service delivery; and
  5. extend professional knowledge, experience or specialised knowledge to any issue for discussion in the county assembly.

A member of the county assembly shall not be directly or indirectly involved in the—

  1. executive functions of the county government and its administration; or
  2. delivery of services as if the member were an officer or employee of the county government.

Members of a county assembly shall be sworn in by the county assembly clerk within fourteen days, after the announcement of the final results of an election, in the manner set out in the Schedule to this Act.

At any time in the absence of the speaker of the county assembly or in matters that directly affect the speaker, the county assembly shall elect a member to act as speaker as contemplated under Article 178(2)(b) of the Constitution.

Unless otherwise removed, the first member elected under subsection (4), shall, in the absence of the Speaker, preside over the sittings of the assembly for the term of the county assembly.

County Assembly Party Leaders

There shall be in each county assembly a leader of the majority party and a leader of the minority party.

The leader of the majority party shall be the person who is the leader of the largest party or coalition of parties in the county assembly.

The leader of the minority party shall be the person who is the leader of the second largest party or coalition of parties in the county assembly.

A county assembly shall observe the following order of precedence—

  1. the speaker of the county assembly;
  2. the leader of the majority party; and
  3. the leader of the minority party.
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