The County Governments (Amendment) Bill, 2023
Status Timeline
Proposed
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Public Review
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Debate
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Executive
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Final
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Proposals for Removal Require Two-Thirds Support
The Bill proposes to amend Section 40(2) of the County Governments Act by requiring that a motion to dismiss a county executive committee member be supported by at least two-thirds of all members of the county assembly, up from the current one-third threshold.
Committee Appointment Threshold Raised
Under the proposed amendment to Section 40(3), a motion must be supported by at least two-thirds of the county assembly members (previously one-third) before the assembly can appoint a five-member select committee to investigate the allegations.
Dismissal Vote Demands Two-Thirds Majority
The amendment to Section 40(6) replaces the requirement of a simple majority to pass a resolution requiring dismissal with a requirement that the resolution be supported by at least two-thirds of the county assembly members.
Bill No.
Senate Bill No. 25 of 2023
Gazette No.
Supplement No. 92 of 2023
Sponsor
Cherarkey Samson K.
Background
Section 40 of the County Governments Act (No. 17 of 2012) outlines the procedure for the removal of a member of a county executive committee. Under current provisions, the threshold required to initiate and pass a vote of no confidence or impeachment is low. Recognizing that county executive committee members head essential dockets discharging devolved functions under the Constitution, this Bill seeks to increase these voting thresholds to ensure greater stability in county governments.
Key Amendments
Amendment of Section 40 of Act No. 17 of 2012
The Bill introduces critical changes to the thresholds required at three major stages of the removal process:
- Initiating a Motion (Section 40(2)): Increases the requirement for members of the county assembly supporting a dismissal motion from one-third to two-thirds of all assembly members.
- Appointing an Investigative Committee (Section 40(3)): Elevates the assembly support needed to establish a five-member investigative select committee from one-third to two-thirds.
- Passing the Resolution (Section 40(6)): Replaces the requirement for a simple majority vote to pass a dismissal resolution with a strict threshold of at least two-thirds of all county assembly members.
New Obligations
- County Assembly compliance: The County Assembly is obliged to apply the higher threshold of two-thirds support at both the initiation of an impeachment motion and the final voting stage.
- Speaker's delivery: The Speaker of the County Assembly must promptly deliver the resolution to the Governor only if the resolution has been approved by at least two-thirds of the assembly members.
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Updates will be visible here once they are approved and applied to this bill.