ADVOKS GLOBAL · KENYA
County Governments Act
123. Suspension of county government in exceptional circumstances
Edition: 2022-12-31 · In force
123. Suspension of county government in exceptional circumstances
(1)Subject to subsection (2), a person may petition the President to suspend a county government in accordance with Article 192(1)(b) of the Constitution if the county government engages in actions that are deemed to be against the common needs and interests of the citizens of a county.(2)A petition under subsection (1) shall be supported by the signatures of not less than ten percent of the registered voters in the county.(3)The President shall, within fourteen days after receiving a petition against a county government under subsection (1), submit a report on the averments made and grounds giving rise to suspension of a county government before the apex intergovermental body (hereinafter referred to as the apex body) established under the law governing intergovernmental relations for approval.(4)Upon approval by the apex body, the President shall nominate members of a Commission to inquire into and investigate the situation in the county and make recommendations on the suspension of the county government and shall, after approval by Senate, appoint the members of the Commission by notice in the Gazette.(5)The Commission shall comprise—(a)a Chairperson, who shall be an advocate of the High Court of Kenya with at least fifteen years’ experience;(b)the Chairperson of the National Police Service;(c)two persons resident in the affected county and who have not for the last ten years stood for an elective office in the affected county government, or have been an officer or employee of the affected county government; and(d)two other persons not resident in the affected county with experience in conflict management.(6)The Commission shall have all or any of the powers vested in a Commission under the Commissions of Inquiry Act (Cap. 102), and at any inquiry directed under this section, the county government in question and any member thereof shall be entitled to be heard.(7)The Commission shall inquire into the matters before it within three months of its appointment and report on the facts and submit its recommendations to the President.(8)Where the Commission does not recommend the suspension of a county government, the President shall, within fourteen days of receipt of the report of the Commission under subsection (7), submit to the Speaker of the Senate and the apex intergovernmental body —(a)the report and the recommendations of the Commission; and(b)the petition for suspension of the county government.(9)Where the Commission recommends the suspension of the county government, the President shall, within fourteen days of receipt of the report of the Commission under subsection (7), submit to the Speaker of the Senate—(a)a memorandum stating that the President is satisfied that justifiable grounds exist for suspension of the county government;(b)the report and the recommendations of the Commission; and(c)the petition for suspension of the county government.(9a)Where the Commission recommends the suspension of the county government, the President shall, within fourteen days of receipt of the report of the Commission under subsection (7), submit to the Speaker of the Senate —(a)a memorandum stating that the President is not satisfied that justifiable grounds exist for suspension of the county government;(b)the report and the recommendations of the Commission; and(c)the petition for suspension of the county government.(10)Where the President, in the memorandum submitted under subsection (9)(a), is satisfied that justifiable grounds exist for the suspension of a county government, the Speaker of the Senate shall refer the documents received under subsection (9) to the relevant committee of the Senate for consideration.(11)The committee shall, within fourteen days of receipt of the documents under subsection (10), consider the documents and make its recommendations to the Senate on whether or not the Senate should authorise the suspension of the county government.(12)An authorisation by the Senate under subsection (11) shall be by a resolution adopted in accordance with the provisions of Articles 122 and 123 of the Constitution.(13)Upon authorisation of the suspension of a county government by the Senate in terms of Article 192(2) of the Constitution, the President shall, within fourteen days of receipt of the Senate resolution and by notice in the Gazette, suspend the county government for a period not exceeding ninety days, or until the suspension is terminated earlier by the Senate in accordance with Article 192(4) of the Constitution.