The County Assembly Services (Amendment) Bill, 2023
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11-Member Select Committee to Investigate Board Member Removal
Amendments to Section 10 of the principal Act introduce a structured removal process. Petitions must be submitted to the Clerk in a prescribed form, and the Speaker must report it to the Assembly within seven days. The petition is then referred to an eleven-member select committee which must investigate within ten days. The affected Board member has a statutory right to be represented by an Advocate.
Clerk Suspensions Capped at Six Months Under New Fair-Hearing Protocol
A new Section 22A requires that prior to any suspension under Section 22, the Board must inform the Clerk in writing of the reasons, provide seven days to respond in writing, and invite them to appear and exculpate themselves. Additionally, the Board is prohibited from suspending a Clerk for a period exceeding six months.
Staff Supervisory Control Clarified for the Clerk
The Bill amends Sections 17 and 19 to establish that the Clerk is responsible to the Board as a whole rather than the chairperson specifically. It explicitly tasks the Clerk with exercising supervisory control over the staff of the County Assembly.
Consent and Benefit Safeguards Mandated for Officer Secondment
Amendments to Section 25 impose new obligations on the Board during staff secondment. The Board is prohibited from seconding an officer without their explicit consent and without consulting the head of department. Furthermore, the Board must put measures in place to protect the officer's pension, gratuity, and terminal benefits, and the officer retains the right to revert to their original position if the secondment ends early.
Bill No.
Senate Bills No. 34
Gazette No.
Supplement No. 134
Sponsor
Mohamed Chute
Background
The County Assembly Services (Amendment) Bill, 2023 seeks to amend the County Assembly Services Act, No. 24 of 2017. The primary objective of the amendments is to clarify the administrative structure of county assemblies, detail fair administrative processes for the suspension and removal of key officials, and strengthen the administrative oversight role of the Clerk.
Key Amendments
Governance and Administrative Control
- Section 3 & 17: Incorporates "administrative" purposes into the principal Act and clarifies that the Clerk is responsible to the Board as a collective body, deleting previous phrasing that linked responsibility directly to the "chairperson of the Board".
- Section 19: Grants the Clerk explicit supervisory control over the staff of the County Assembly.
- Sections 11 & 12: Empowers the Board to approve county assembly membership in national, regional, or international organizations, and allows the assembly to subscribe to organizations that promote parliamentary democracy and the well-being of assembly members.
New Obligations
Removal of Board Members (Section 10)
- Petitions for removal must be submitted to the Clerk in a prescribed form.
- The Speaker must report the petition to the County Assembly within seven days and refer it to an eleven-member select committee established under Standing Orders.
- The select committee must investigate within ten days and report whether the allegations are substantiated.
- The Board member has the right to appear and be represented by an Advocate.
- If the committee finds the allegations unsubstantiated, proceedings terminate. If substantiated, the assembly votes on the motion; approval of the motion results in immediate removal from office.
Suspension and Removal of Clerks (Section 22A & 23)
- Before suspending a Clerk, the Board must provide written reasons, allow seven days for a written response, and invite the Clerk to appear in person to exculpate themselves.
- No suspension under Section 22 may exceed six months.
- Written allegations regarding removal under Section 23 must be provided within fourteen days.
- Final approval for the removal of a Clerk requires the support of a two-thirds majority of the members of the assembly.
Secondment Protections (Section 25)
- The Board is prohibited from seconding any officer without their consent and without considering representations from the concerned authorized officer or head of department.
- Seconded officers must not lose pension, gratuity, or other terminal benefits, and the Board remains responsible for paying their salaries and benefits unless otherwise agreed.
- If a secondment is terminated early, the officer has a statutory right to revert to the position they held before secondment.
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