THE COUNTY ASSEMBLY SERVICES (AMENDMENT) BILL, 2023
Status Timeline
Proposed
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Public Review
Pending
Debate
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Executive
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Final
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Strict Six-Month Limit on Clerk Suspensions
Inserts a new section 22A to regulate the suspension of a Clerk. Before suspending a Clerk, the Board must provide written reasons, grant the Clerk 7 days to respond in writing, and allow them to appear in person to exculpate themselves. The total period of suspension is capped at a maximum of six months.
New 11-Member Committee for Board Member Removal
Amends section 10 to standardise the process for removing a Board member. A petition must be submitted to the Clerk, reported to the Assembly by the Speaker within seven days, and referred to an 11-member select committee. The committee has 10 days to investigate the allegations and report back to the Assembly.
Mandatory Consent and Benefit Safeguards for Seconded Staff
Amends section 25 to establish protections for seconded officers. The Board cannot second an officer without their consent and must ensure they do not lose pension, gratuity, or other terminal benefits. Unless otherwise agreed, the Board remains responsible for paying the salaries and allowances of staff on secondment.
Bill No.
Bill No. 34 of 2023
Gazette No.
Supplement No. 134 of 2023
Background
The County Assembly Services (Amendment) Bill, 2023 proposes key administrative and structural changes to the County Assembly Services Act (Cap. 265D). The Bill aims to enhance administrative oversight, formalise disciplinary procedures for top county assembly officials, and protect the terms and conditions of service for seconded personnel.
Key Amendments
- Removal of Board Members (Section 10): Outlines a detailed process where petitions to remove a Board member must be filed with the Clerk. The Speaker is required to report the petition to the Assembly within seven days, after which it is referred to an 11-member select committee. The committee must investigate the matter within 10 days. The affected member has the right to appear and be represented by an advocate.
- Supervisory Authority (Section 19): Formally introduces a provision granting the Board supervisory control over the staff of the County Assembly.
- Removal and Discipline of the Clerk (Section 23): Tightens the requirements for removing a Clerk by specifying a 14-day timeline for writing allegations and requiring the support of two-thirds of the members of the county assembly to approve certain disciplinary or removal actions.
New Obligations
- Written Disciplinary Notices: Under the new section 22A, the Board must inform the Clerk in writing of the reasons for suspension and invite a response within seven days before executing any suspension.
- Protection of Seconded Officers: Under section 25, the Board is obligated to put measures in place to protect seconded officers from losing pension benefits or gratuities. The Board must also obtain the officer's consent and consider representations from the relevant department head before initiating a secondment.
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Updates will be visible here once they are approved and applied to this bill.