County Assembly: Responsibilities

 

As would be expected, the Assembly's main role is to make County law for the executive to implement its obligations:

185. (2) 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.

The Assembly must play the role of trusted custodian of County natural resources and public assets:

(4) 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.

So determined were the people of Kenya to go beyond mere cosmetic decentralisation that they ensured that amendments to the Constitution affecting the dear question of the devolved Counties must be considered by their local legislative Assemblies as well as be put to a national referendum. Chapter 16 - Amendments to this Constitution:

255. (1) A proposed amendment to this Constitution shall be enacted in accordance with ......., and approved ....... by a referendum, if the amendment relates to any of the following matters— (i) the objects, principles and structure of devolved government; ........

257. (1) An amendment to this Constitution may be proposed by a popular initiative ........
(5) If the Independent Electoral and Boundaries Commission is satisfied that the initiative meets the requirements of this Article, the Commission shall submit the draft Bill to each county assembly for consideration within three months after the date it was submitted by the Commission.
(6) If a county assembly approves the draft Bill within three months after the date it was submitted by the Commission, the speaker of the county assembly shall deliver a copy of the draft Bill jointly to the Speakers of the two Houses of Parliament, with a certificate that the county assembly has approved it.
(7) If a draft Bill has been approved by a majority of the county assemblies, it shall be introduced in Parliament without delay.

 
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