The County Governments Laws (Amendment) Bill, 2025
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Seven-Day Assent and Publication Rules for Governors
The Bill mandates that a Governor must assent to a Bill passed by the County Assembly within seven days of receipt (Section 2, inserting 4A). Additionally, the Governor must submit the assented Bill for publication in the Gazette within seven days of assent (Section 2, inserting 7). If the Governor fails to do so, the Assembly Speaker has three days to submit the Bill for publication (Section 2, inserting 8). A Governor who fails to publish an assented Bill is deemed to have committed a gross violation of the Act, which constitutes grounds for removal from office.
Fast-Tracked County Cabinet Appointments
Governors must nominate and submit names for the County Executive Committee (CEC) within 14 days of being sworn into office (Section 5, inserting A1). The County Assembly is required to vet and vote on these CEC nominees within 21 days of receipt or their first sitting (Section 5, inserting 2A). Nominees for County Chief Officers must also be voted on within 21 days of receipt (Section 7, inserting 1A), and the total number of Chief Officers in a county is strictly capped at 20.
Hiring Freeze and Contract Limits During Transition
Beginning 90 days before a general election and ending when the newly elected Governor takes office, the County Public Service Board is prohibited from making permanent appointments. Any appointments made during this period must be on a contract basis not exceeding six months and are limited to critical services such as health, water, sanitation, and emergency response (Section 10, amending Section 63). These temporary appointments must be reviewed within 90 days of the new Governor taking office, or they automatically lapse.
Deemed Approval of Stalled Nominations
To prevent administrative delays, the Bill amends the Public Appointments (County Assemblies) Approval Act. If a County Assembly fails to either approve or reject a submitted nomination within the specified 21-day consideration window, the nominee is automatically deemed to have been approved (Section 11, inserting Section 9A).
Mandatory Ten-Year Audits by the Auditor-General
The Auditor-General is mandated to conduct compliance audits of every county's public service every ten years to ensure conformity with Article 232 of the Constitution (Section 10, inserting Section 86A). These audit reports will be submitted to both the Senate and the respective County Assemblies for debate within three months. An initial compliance audit must be completed within six months of this provision coming into force.
Bill No.
Senate Bills No. 14 of 2025
Gazette No.
Supplement No. 133 of 2025
Sponsor
Abdul Mohammed Haji
Background
The County Governments Laws (Amendment) Bill, 2025 seeks to streamline legislative and administrative processes within devolved units in Kenya. Currently, the County Governments Act (Cap. 265) lacks specific timelines for key governance processes, including the publication of passed legislation, county cabinet appointments, and county public service recruitments. This gap has previously led to administrative delays, conflicts between Governors and County Assemblies, and executive overreach, particularly during transition and general election periods.
Key Amendments
The Bill introduces critical amendments to the County Governments Act (Cap. 265) and the Public Appointments (County Assemblies) Approval Act (Cap. 265B):
- Legislative Timelines (Section 24 & 25, Cap. 265): Establishes explicit timelines for executive assent and publication of laws.
- Appointment Timelines (Section 35 & 45, Cap. 265): Defines strict schedules for nominating and approving County Executive Committee (CEC) members and County Chief Officers.
- Transition Restrictions (Section 63, Cap. 265): Limits the appointment powers of County Public Service Boards during election transition windows.
- Deemed Approval (Section 9A, Cap. 265B): Enacts a default-approval mechanism for nominations delayed in County Assemblies.
New Obligations
- County Governors: Must assent to Bills within seven days of receipt and submit them for publication within seven days of assent. Governors must also nominate CEC members within 14 days of being sworn in and deliver the annual State of the County address strictly during a sitting of the County Assembly.
- County Assemblies: Must consider and vote on CEC and Chief Officer nominees within 21 days of receipt.
- County Public Service Boards: Restricted to hiring personnel on contract terms of a maximum of six months for critical services (health, water, sanitation, and emergency response) during the 90 days preceding a general election until the new Governor is sworn in.
- Auditor-General: Must conduct a county public service compliance audit every ten years, with reports debated by both the Senate and the respective County Assemblies.
Penalties
- Removal of Governor (Section 2, Cap. 265): A Governor who fails to submit an assented Bill for publication in the Gazette within seven days is deemed to have committed a gross violation of the Act. This serves as grounds for removal from office under Article 181 of the Constitution and Section 33 of the County Governments Act.
- Lapse of Unauthorized Appointments: Any temporary transition-period appointments not reviewed and confirmed by the County Public Service Board within 90 days of the new Governor assuming office shall automatically lapse.
- Capping of Chief Officers (Section 7, Cap. 265): The maximum number of county chief officers appointed in any county under subsection (1)(b) is strictly limited to 20.
Transitional Provisions
- Interim Audits: The Auditor-General is required to conduct the first county public service compliance audit across all county governments within six months of the commencement of Section 86A.
- Board Continuity: Members of a County Public Service Board whose terms expire during or after a general election may continue to hold office for a maximum of six months until a new Board is appointed.
No updates tracked yet
Updates will be visible here once they are approved and applied to this bill.