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Bills Digest - County Governments (State Officers Removal from Office) Procedure Bill, 2024
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Page 1 1 PARLIAMENT OF KENYA THE SENATE SENATE BILLS DIGEST THE COUNTY GOVERNMENTS (STATE OFFICERS REMOVAL FROM OFFI…
1 PARLIAMENT OF KENYA THE SENATE SENATE BILLS DIGEST THE COUNTY GOVERNMENTS (STATE OFFICERS REMOVAL FROM OFFICE) PROCEDURE BILL, 2024 (SENATE BILLS NO. 34 OF 2024) Sponsor/Promoter: Sen. Karungo Paul Thang’wa, MP Date of publication: 20th June, 2024 (Kenya Gazette Supplement No. 124) Date of First Reading: 6th August, 2024 Committee referred to: Standing Committee on Justice Legal Affairs & Human Rights Type of Bill: Ordinary Bill 1. PURPOSE OF THE BILL The Bill seeks to put in place a legal framework for the removal from office of a county governor, a county speaker, a county deputy governor, a county executive committee member and a county secretary. It achieves this by clearly providing a procedure for removal of a county governor and a county deputy governor either by impeachment or for incapacity and the procedure for removal of a county speaker, a county executive committee member and county secretary through a resolution of the respective county assembly. 2. BACKGROUND OF THE BILL During the 12th Parliament, the Senate originated the Impeachment Procedure Bill, 2018 which sought to put in place a legal framework for the removal of State officers from office serving in the National and county governments. This Bill was passed by the Senate on 12th June, 2019 and forwarded to the National Assembly for consideration. However, the Bill lapsed in the National Assembly when the term of the 12th Parliament ended before the Assembly finalized its consideration on the Bill.
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Page 2 2 While considering the proposed removal from office, by impeachment, of Hon. Kawira Mwangaza, the Governor o…
2 While considering the proposed removal from office, by impeachment, of Hon. Kawira Mwangaza, the Governor of Meru County, it was recommended that the draft Impeachment Procedure Bill be split into two legislative proposals; the County Governments (State Officers’ Removal from Office) Procedure Bill to regulate the process of removal of State Officers serving in county governments from office and the National Government (State Officers’ Removal from Office) Procedure Bill to regulate the process of removal of State Officers serving in the National Government from office. Further, it was proposed that the timeline for consideration of an impeachment resolution by a Senate Committee be increased to fourteen days and that section 33 of the County Governments Act, 2012 be amended to ensure that the report of a special committee is considered by the Senate whether or not the Committee finds any charge to have been substantiated. Current law Article 200(2)(c) of the Constitution contemplates legislation to provide for the manner of election or appointment of persons to, and their removal from, offices in county governments, including the qualifications of voters and candidates. Parliament enacted the County Governments Act, No. 17 of 2012 which makes provision for appointment and removal of a county governor, deputy county governor, a county assembly speaker, a county executive committee member as well as the county secretary. Section 3 of the County Governments Act provides that the objects of the Act are to, among others— (d)provide for the removal from office of the speaker of the county assembly in accordance with Article 178 of the Constitution; …… (j) provide, pursuant to Article 200 of the Constitution, for—
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Page 3 3 (i) the manner of nomination or appointment of persons to, and their removal from, offices in county govern…
3 (i) the manner of nomination or appointment of persons to, and their removal from, offices in county governments, including the qualifications of voters and candidates; Article 181(1) of the Constitution provides that a county governor may be removed from office on any of the following grounds— (a) gross violation of this Constitution or any other law; (b) where there are serious reasons for believing that the county governor has committed a crime under national or international law; (c) abuse of office or gross misconduct; or (d) physical or mental incapacity to perform the functions of office of county governor. Article 181(2) requires Parliament to enact legislation providing for the procedure of removal of a county governor on any of the grounds specified in clause (1). In this regard, section 33 of the Act provides the procedure for the removal of the governor and deputy governor. As regards removal on grounds of incapacity, the procedure for removal of the President and Deputy President on account of incapacity is to be followed with necessary modifications. With regard to speakers of a county assembly, Article 178(3) of the Constitution provides that Parliament shall enact legislation providing for the election and removal from office of speakers of the county assemblies. Additionally, section 11 of the County Governments Act provides for the procedure for removal of a county speaker. Once the motion is moved, the County Assembly has 14 days to consider the motion for removal, which motion may be passed by a two-thirds majority of the members of the county assembly. With respect to the deputy governor, section 11A (2) of the County Governments Act provids that the procedure for removal of a speaker shall, with necessary modifications, apply to the removal of a
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Page 3 deputy speaker.
deputy speaker.
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Page 4 4 Sections 40 and 44 of the County Governments Act, on their part provides the procedure for the removal of a…
4 Sections 40 and 44 of the County Governments Act, on their part provides the procedure for the removal of a member of executive committee and the county secretary, respectively. In addition to the Constitution, the County Governments Act, the Standing Orders of the Senate and those of the respective county assembly provide for the removal of a cunty governor or a deputy governor from office. In the case of a county assembly speaker and county executive committee member the respective county assembly standing orders also govern the removal from office of such officers. The rationale for the Bill The various impeachment process relating to a county governor or a deputy county governor that have been undertake since the inception of devolution have revealed gaps in the law. These gaps include, short timelines within which the process ought to be concluded, the type and extent of public participation in such a process, the role of the Senate one a special committee has found that none of the charges has been substantiated, connection between the charges and the governor or deputy governor, and threshold for determining and impeachment. In addition to the above, removal of State officers serving in county governments on the ground of incapacity has not been comprehensively provided for in law. There is therefore need to put in place a comprehensive legal framework setting out the procedure for the removal from office of a county governor, a speaker of a county assembly, a county deputy governor, a county executive committee member and a county secretary. 3. OVERVIEW OF THE BILL What is the procedure for removing a governor or deputy governor from office? The process starts at a county assembly and ends at the Senate, if a county assembly resolves to impeach. Clause 2 to 16
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Page 4 of the Bill describe the procedure for removal of the Governor for the grounds specified under Article 181 of…
of the Bill describe the procedure for removal of the Governor for the grounds specified under Article 181 of the Constitution. The procedure
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Page 5 5 prescribed in the Bill closely resembles the current procedure with a number of significant changes— (a) th…
5 prescribed in the Bill closely resembles the current procedure with a number of significant changes— (a) the Speaker of the County Assembly is required to submit evidence that the procedure at the county assembly has been complied with during the removal proceedings, as well as the evidence of compliance, when giving a notice of the resolution of the county assembly to the Speaker of the Senate; (b) the timeline for convening a meeting at the Senate to hear charges against the governor or deputy governor has been increased from seven to ten days after receiving the resolution from the Speaker of the County Assembly; (c) the proposed Bill does not provide for any removal proceedings for removal on grounds other than incapacity being carried out in plenary, and proposes that a special committee be appointed by resolution of the House to investigate the matter; (d) once the Committee is constituted, its first role is to determine, within three days of its first sitting, whether the county assembly complied with the statutory procedures when during the removal process and to report to the House on the same; (e) the timeline within which the Committee is to consider the matter is proposed to be expanded from ten days to fourteen days, and the report of the Committee is to be considered by the House and a vote taken whether or not the charges were substantiated. Additionally, the Committee is required to undertake public participation; and (f) provision is made for removal on grounds of incapacity unlike section 33(9) of the County Governments Act which provides for the application of the procedure for the removal of the President on grounds of incapacity under Article 144 of the Constitution to apply, with necessary modifications, to the removal of a governor.
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Page 6 6 The process starts at the county assembly where a motion is considered, if the motion is passed, the Chief …
6 The process starts at the county assembly where a motion is considered, if the motion is passed, the Chief Justice will appoint a tribunal to inquire into the matter. Subsequently, a report is submitted to the county assembly for consideration. Where a report of the tribunal recommends that the governor is capable of performing the functions, the matter ends. However, if the findings are that the governor is incapable of performing the functions, the county assembly will consider the matter and vote. Once a county assembly has resolved to remove a governor, the matter is transmitted to the Senate for consideration. What is the procedure for removing a county executive committee member or a county secretary from office? The process for removal is commenced at a county assembly where a motion is considered and if approved, it is transmitted to the county governor to act. The procedure for removal as prescribed in the Bill differs with the current procedure as follows— (a) existing legislation does not describe all the processes to be under taken, and most of the detail is contained in the county assembly’s standing orders and as such, there’s a likelihood that the process is not uniform in all counties; (b) under existing legislation, a committee of five members is to be formed by the county assembly to investigate the matter and report to the assembly, whereas clause 21(1) of the Bill proposes creation of a committee of not more than nine members; (c) clause 23 confers on the governor the power to refer a resolution back to the county assembly noting the governor’s reservations on the resolution, and the county assembly is to consider the reservations and vote on whether to approve the resolution for removal despite the governor’s reservations; and
Bills Digest - Cooperatives Bill, 2024
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Page 1 1 PARLIAMENT OF KENYA THE SENATE SENATE BILLS DIGEST THE COOPERATIVES BILL, 2024 (NATIONAL ASSEMBLY BILLS NO.…
1 PARLIAMENT OF KENYA THE SENATE SENATE BILLS DIGEST THE COOPERATIVES BILL, 2024 (NATIONAL ASSEMBLY BILLS NO. 7 OF 2024) Sponsor: Senate Majority Leader (National Assembly Bill sponsored by Hon. Kimani Ichung’wa, MP, Leader of Majority in the National Assembly) Committee referred to: Standing Committee on Trade, Industrialization and Tourism Type of Bill: Ordinary Bill 1. Background The cooperative sector in Kenya has been instrumental in contributing to both the country’s micro-economic and macro-economic growth. Cooperative development has enabled economic empowerment of individuals and similarly, economic development in various sectors. The sector has been regulated under the Cooperative Societies (Cap. 490) that was assented to on 22nd December, 1997 and commenced on 1st June, 1998. Since its enactment, the sector has undergone various changes, including the promulgation of the Constitution which sets out cooperative development as a devolved function. There is therefore need to review the regulatory framework to reflect the systemic and constitutional changes in the cooperative sector for purposes of enhancing efficiency, fairness, constitutionalism and protection of devolution. The Cooperatives Bill, 2024 was passed by the National Assembly with amendments on 3rd December, 2024 and subsequently transmitted to the Senate. The Bill was read a first time on Wednesday, 12th February, 2025. 2. Purpose of the Bill The proposed Bill intends to— (a) establish a legal framework that supports a sustainable and competitive cooperative sector within a devolved governance system;
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Page 2 2 (b) enhance the promotion, registration, regulation and supervision of cooperatives; (c) set uniform norms …
2 (b) enhance the promotion, registration, regulation and supervision of cooperatives; (c) set uniform norms and standards in the cooperative sector; (d) define the responsibilities of national and county governments and determine areas of joint jurisdiction; and (e) establish an inter-governmental relations framework and create a system for consultation and cooperation among counties. The operationalization of the Bill will further be guided by the following cooperative principles— a) voluntary and open membership; b) democratic member control; c) economic participation by members; d) autonomy and independence; and e) education, training and information. 3. Overview of the Bill What institutional measures have been put in place to administer the provisions of the Bill? The Bill establishes the office of the Commissioner for Cooperative Development as an office in the Public Service with technical officers appointed through a competitive recruitment process by the Public Service Commission for purposes of implementing the Act. The Commissioner for Cooperative Development will have such academic qualifications, competencies and experience in in cooperative management and practice, along with membership in a professional body for cooperative practitioners in good standing. What are the functions of the Office of the Commissioner for Cooperative Development? The principal responsibility of the Office of the Commissioner for Cooperative Development will be to promote the growth, development and regulation of cooperatives by – a) recommending national policy frameworks; b) coordinating intergovernmental relations; c) registering and maintaining a national registry of cooperatives; d) promoting cooperative federations; e) conducting inquiries, supervising and inspecting
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Page 2 federations;
federations;
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Page 3 3 f) capacity building for county governments; g) enforcing governance and ethics guidelines; h) maintaining …
3 f) capacity building for county governments; g) enforcing governance and ethics guidelines; h) maintaining a list of authorized auditing firms and registering audited financial statements, developing uniform norms and standards; i) promoting public-private partnerships and collaborating with government agencies; and j) establishing a national cooperative research and information centre, and performing other necessary functions. The Commissioner will also prepare and submit financial and non-financial annual reports on cooperative performance and activities to the Cabinet Secretary in charge of cooperative development within six months after the end of each financial year. How has the Bill addressed the constitutional devolution of cooperative development and the role of counties in this? The Bill in clause 11 has established the office of the County Director for Cooperatives in each county as part of the County Public Service which shall be filled through a competitive recruitment process. The County Director will be required to have the necessary academic qualifications, competencies, and experience in cooperative management and practice, along with membership in a professional body for cooperative practitioners in good standing. The County Public Service Boards in the respective counties shall be responsible for appointing technical officers to the office of the County Director for Cooperatives as required for implementing the provisions of the Act. What are the Functions of the County Director for Cooperatives? The principal responsibility of the County Director for Cooperatives shall be to enhance the promotion and formation of cooperatives and day-to-day supervision of cooperatives in the county by— a) formulating and implementing strategies, guidelines, and
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Page 3 measures in cooperative matters, carrying out inspections, supervising elections and enforcing good governanc…
measures in cooperative matters, carrying out inspections, supervising elections and enforcing good governance; b) providing auditing services to cooperatives; c) conducting capacity building, promoting value addition and technology adoption; d) establishing a county cooperative research and information center; e) facilitating collaboration between primary and secondary cooperatives; f) collecting, analyzing, and disseminating data on cooperative activities; and g) developing strategies for governance improvement and cooperative growth.
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Page 4 4 The County Director will also be required to prepare and submit an annual report on the performance, activi…
4 The County Director will also be required to prepare and submit an annual report on the performance, activities and operations of the office and cooperatives within the county to the county executive committee member within three months after the end of the financial year. Has the Bill set out provisions for efficient inter-governmental coordination between the national and county governments in the regulation of cooperatives? Yes, clause 16 of the Bill has established the Inter-Governmental Cooperatives Relations Technical Forum, an unincorporated body comprising— a) the Commissioner of Cooperative Development who shall serve as the chairperson; b) the forty-seven county directors for cooperatives; c) the chief executive officer of the Sacco Societies Regulation Authority; d) an officer appointed by the Council of Governors; and e) a representative of the Apex Cooperative as an ex-officio member. The Commissioner will be responsible for providing secretariat services to the forum and to further provide adequate annual budgetary allocations for funding its operations. The forum will further be mandated to meet at least twice a year. What will be the Functions of the Inter-Governmental Cooperatives Relations Technical Forum? The forum shall provide a platform for— a) consultation among county governments on cooperative matters; b) consultation between national and county governments on cooperative matters; c) consideration of technical and policy proposals from the Forum in the cooperative sector; d) formulating guidelines on the promotion and supervision of cooperatives; and e) addressing any other matter provided in any written law or incidental to the growth and development of cooperatives in Kenya. How does the Bill propose to structure cooperatives? Clause 19 of
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Page 4 the Bill has established a four-tier structure of cooperatives as follows – a) Primary Cooperatives; b) Secon…
the Bill has established a four-tier structure of cooperatives as follows – a) Primary Cooperatives; b) Secondary Cooperatives; c) Cooperative Federations; and d) Apex Cooperatives.
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Page 5 5 What is a Primary Cooperative under the Bill? The Bill sets out that a Primary Cooperative is one that is d…
5 What is a Primary Cooperative under the Bill? The Bill sets out that a Primary Cooperative is one that is defined by a singular specific objective and function. Accordingly, various types of primary cooperatives may be registered such as producer cooperatives, housing cooperatives, savings and credit cooperatives, savings and investment cooperatives, transport cooperatives, worker cooperatives and consumer cooperatives. It is also important to note that unless expressly permitted by the Commissioner, a primary cooperative shall not be registered with multiple objects or undertake multiple objectives. What is a Secondary Cooperative under the Bill? Secondary cooperatives shall be cooperatives comprising of membership of two or more primary cooperatives with objectives such as— a) aggregation and warehousing of produce; b) provision of specialized services; c) processing and value addition; d) wholesale credit provision; e) lobbying and advocacy; f) joint sale organization; g) information and publicity, and h) education, training, and capacity building. What is a Cooperative Federation under the Bill? The Bill sets out that a Cooperative federation is one that draws its membership from both primary and secondary cooperatives and which shall— a) establish subsector standards for self-regulation; b) prescribe and enforce codes of conduct; c) conduct market research; d) provide education and training for its members; e) advocate for members; and f) lobby the government on cooperative matters. How will the Apex Cooperative be established under the Bill? The Bill sets out that the Apex Cooperative shall be a cooperative established at the national level of Government and which shall serve as the custodian and champion of the cooperative identity. The Apex Cooperative shall—
BILL DIGEST FOR THE PUBLIC FUNDRAISING APPEALS BILL 2024
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Page 1 1 PARLIAMENT OF KENYA THE SENATE SENATE BILLS DIGEST THE PUBLIC FUNDRAISING APPEALS BILL, 2024 (SENATE BILLS …
1 PARLIAMENT OF KENYA THE SENATE SENATE BILLS DIGEST THE PUBLIC FUNDRAISING APPEALS BILL, 2024 (SENATE BILLS NO. 36 OF 2024) Sponsor: Senate Majority Leader Date of Publication: 12th July, 2024 Date of First Reading: 1st August, 2024 Committee referred to: Standing Committee on Labour and Social Welfare Type of Bill: Ordinary Bill 1. PURPOSE OF THE BILL The principal object of the Bill is to provide for the establishment of regulatory mechanisms at the national and county levels which oversee the conduct of fundraising appeals, to provide for the licensing and regulation of fundraisers; the promotion of transparency and accountability in the conduct of fundraising appeals and also the regulation of the conduct by State and public officers in the participation in public fundraising appeals and in the administration of this legislation. 2. BACKGROUND OF THE BILL The original spirit of Harambee was that individuals would voluntarily contribute their resources in form of cash, although labour and other materials were also welcome towards the provision of a communal good. The Harambee motto in independent Kenya became more than a motto, it symbolised Kenyan unity, patriotism and, most importantly, the future. Yet, what started as an altruistic way to unify the nation has often bred corruption, with government officials sometimes soliciting donations for their own means and trying to evoke harambee to enact public programmes paid by private donations.
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Page 2 2 Harambee contributions are often times used as a ticket for politicians to buy their way into public office…
2 Harambee contributions are often times used as a ticket for politicians to buy their way into public offices only for them to compensate themselves by engaging in corruption once elected to public office. Current Law The Public Collections Act, Cap.106, was enacted in 1960 to provide for the regulation of collections of money and property from the public. The Act has however been overtaken by events and has been unable to address issues of corruption associated with harambees. The Public Officer Ethics Act, Cap. 185B, was enacted to advance the ethics of public officers and outlawed the personal involvement of public officers in organizing harambees. The rationale for the Bill The Bill therefore, seeks to replace the Public Collections Act, Chapter 106, Laws of Kenya, whose institutional architecture does not align with the devolved structures of the Kenyan constitution and is not sufficiently robust to address corruption tendencies associated with public fundraising appeals. Further, the Public Collections Act excludes from its purview, charitable and religious purposes yet this forms a large component of harambees. The Bill is also based on the need to reduce the culture of dependency that harambees have imbued in society, extending even essentially private affairs to the larger public. The Bill seeks to restrict its application to private fundraising appeals except where such appeals fall within public appeals for public purposes. 3. OVERVIEW OF THE BILL Object and purpose The objects and purposes of the Bill are to — (a) provide a regulatory framework for ensuring transparency and accountability in the conduct of fundraising appeals;
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Page 3 3 (b) protect the public from fraudulent, misleading and coercive fundraising appeals and provide a framework…
3 (b) protect the public from fraudulent, misleading and coercive fundraising appeals and provide a framework to ensure that the public has sufficient information to make informed decisions in making voluntary contributions; (c) establish a framework of standards for persons and entities involved in the conduct of fundraising appeals; and (d) provide a platform for the provision of fiscal incentives as a means of encouraging donations and voluntary contributions in relation to fundraising appeals. Role of Cabinet Secretary Under the Bill the Cabinet Secretary responsible for social development shall oversee the implementation of the Bill and shall, for this purpose, among other things — (a) collaborate with county executive committee members in the performance of their functions; (b) oversee the conduct of public fundraising appeals national appeal or is publicly made to members of the public in more than one county; (c) receive, vet and process applications for the issuance of a permit to conduct a public fundraising appeal where such appeal is a national appeal or is publicly made to members of the public in more than one county; (d) investigate any complaints, misuse of funds raised through a fundraising appeal or any issue relating to the conduct of a fundraising appeals; (e) conduct inspections of records and audits relating to fundraising appeals conducted; (f) maintain a national register of persons licensed by it to conduct a public fundraising appeal; (g) establish mechanisms to enable the transparent conduct of fundraising appeals under the Bill and accountability on the part of the persons conducting the appeals; and (h) carry out sensitization and education awareness regarding the conduct of fundraising appeals; …
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Page 4 4 The County Executive Committee Member responsible for social development within each county shall, among ot…
4 The County Executive Committee Member responsible for social development within each county shall, among other functions— (a) receive, vet and process applications for the issuance of a permit to conduct a public fundraising appeal within the county; (b) regulate the conduct of public fundraising appeals within the county; and (c) investigate any complaints, misuse of funds raised through a fundraising appeal or any issue relating to the conduct of a public fundraising appeal within the county... Both the Cabinet Secretary and the County Executive Committee Members are expected to table annual reports to Parliament and county assemblies respectively on the activities relating to fundraising appeals. Classification of fundraising appeals(Harambees). The Fundraising appeals in the Bill are classified into — (a) public fundraising appeal which shall consist of solicitations made to members of the public or a section of the public for a public or private benefit; and (b) private fundraising appeal which shall consist of solicitations made by a person or class of persons on behalf of a person or class of persons to the members of the family of, or relatives of such person for the benefit of such person. Who can conduct a fundraising appeal(Harambee)? An individual, a body corporate or an entity registered as a public collection entity under the Bill may conduct a fundraising appeal under the Bill. What is a Public purpose? Public purpose is defined in the Bill as — (a) the advancement of community welfare including the relief of those in need by reason of youth, age, ill-health, gender, disability or any other interest; (b) the advancement of community development, including agriculture, water sanitation, rural or urban livelihoods and regeneration;
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Page 5 5 (c) the promotion of health, including the prevention or relief of sickness, disease or human suffering; (d…
5 (c) the promotion of health, including the prevention or relief of sickness, disease or human suffering; (d) the advancement of conflict resolution or reconciliation; (e) the integration of those who are marginalized, and the promotion of their full participation, in society; (f) the promotion of economic, environmental, social or cultural development; (g) the promotion of education; (h) disaster prevention, preparedness and mitigation; and (i) advocating on issues of general public interest or the interest or well-being of the general public or a class of individuals or organizations. Are state officers and allowed to participate in or conduct a fundraising appeal (Harambee)? (1) A State officer or an appointed public officer shall not participate in a fundraising appeal or conduct a public fundraising appeal during his or her term as a State officer. (2) A person who intends to vie for a public office shall not participate in a public fundraising appeal within the period of three years preceding a general election. (3) A state officer or an appointed public officer who contravenes these provisions of the Bill shall be liable to a fine not exceeding five million shillings. (4) A person who intends to vie for a public office and participates in a public fundraising appeal within the period of three years preceding a general election to commits an election offence. Do I need a Permit to conduct a public fundraising appeal (Harambee)? For one to conduct a public appeal fundraising (Harambee), they must obtain a permit. So a person shall not conduct a public fundraising appeal(Harambee) unless the person has applied for, and obtained, a permit. A person who intends to conduct a public fundraising appeal shall submit to the Cabinet Secretary or the respective county
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Page 5 executive committee member, as the case may be, an
executive committee member, as the case may be, an
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Page 6 6 application for a permit at least fourteen days before the date for the conduct of the fundraising appeal(H…
6 application for a permit at least fourteen days before the date for the conduct of the fundraising appeal(Harambee). What information should one provide in an application for a permit? Information to be included in an application for a permit include— (a) the full names and address of the person intending to conduct the fundraising appeal; (b) the purpose of the fundraising appeal; (c) the necessity of conducting the fundraising appeal; (d) the date on which the fundraising is to be conducted; (e) the names and contact details of the persons assisting in conducting the appeal; (f) the amount intended to be raised through the appeal; (g) the estimated expenses to be incurred in conducting the fundraising appeal; (h) a statement regarding whether any monies have been received with respect to the matter pertaining to the fundraising appeal from any person prior to the date of the proposed fundraising appeal; (i) the place at which the collection is intended to be made; and (j) the expected timeframe for the appeal. Who issues a permit? Where the Cabinet Secretary or county executive committee member is satisfied that the applicant meets the requirements for the issuance of a permit, he or she may, — (a) issue to the applicant, a permit under this Act within ten days of receipt of the application; and (b) enter the name of the applicant, the beneficiary and such other particulars in relation to the fundraising appeal as it may consider necessary in the register of fundraising appeals kept for that purpose. When does a Permit expire? A permit shall automatically expire upon the conduct of the fundraising appeal to which the permit issued relates. Declaration of source of contribution.
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Page 7 7 A person who makes a contribution to a fundraising appeal shall specify the source of the contribution. A p…
7 A person who makes a contribution to a fundraising appeal shall specify the source of the contribution. A person who receives funds as a beneficiary or for the benefit of a beneficiary who is a child pursuant to a fundraising appeal shall declare such contribution in the income tax returns submitted by such person pursuant to the Income Tax Act. Maximum administrative expenditure Not more than five per cent of the targeted amount to be raised shall be utilized in defraying administrative expenses related to the fundraising appeal. Financial records of a public Fundraising Appeal(Harambee) Every person who conducts a fundraising appeal shall keep a record reflecting the income and expenditure relating to the appeal including — (a) details of the persons who make contributions in relation to the fundraising appeal and the amounts contributed by each person; (b) the name, number and address of the bank into which the monies raised in relation to the fundraising appeal were deposited; (c) full details of all funds and assets received as a result of the appeal; (d) full details of the use to which the funds and assets received were put to; (e) full details of— (i) the amount applied to the purposes or objects of the appeal and how it was distributed; (ii) any expenditure on assets; (iii) any expenditure on wages, salaries, commissions and other remuneration in relation to the appeal; (iv) any other administrative expenses related to the appeal; and (v) any other expenditure related to the appeal. General Penalty A person who commits an offence under this Act for which no penalty is prescribed is liable, on conviction, to a fine not exceeding two million shillings or to imprisonment for a term not exceeding three years or both.
BILL DIGEST COUNTY ATTORNEY AMENDMENT BILL
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Page 1 1 REPUBLIC OF KENYA 13TH PARLIAMENT | THIRD SESSION THE SENATE DIRECTORATE OF LEGAL SERVICES STANDING COMMITT…
1 REPUBLIC OF KENYA 13TH PARLIAMENT | THIRD SESSION THE SENATE DIRECTORATE OF LEGAL SERVICES STANDING COMMITTEE ON DEVOLUTION AND INTERGOVERNMENTAL RELATIONS PAPER NO. 97 — BRIEF ON THE OFFICE OF THE COUNTY ATTORNEY (AMENDMENT) BILL, 2024 Clerk’s Chambers, The Senate, Parliament Buildings, NAIROBI.
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Page 2 2 PARLIAMENT OF KENYA THE SENATE SENATE BILLS DIGEST THE OFFICE OF THE COUNTY ATTORNEY (AMENDMENT) BILL, 2024…
2 PARLIAMENT OF KENYA THE SENATE SENATE BILLS DIGEST THE OFFICE OF THE COUNTY ATTORNEY (AMENDMENT) BILL, 2024 (SENATE BILLS NO. 47 OF 2024) Sponsor: Sen.David Wakoli, MP. Date of Publication: 26th September, 2024 Date of First Reading: 26th November, 2024 Committee referred to: Standing Committee on Devolution and Intergovernmental Relations Type of Bill: Ordinary Bill 1. Purpose of the Bill The principal purpose of the Bill is to amend the Office of the County Attorney Act, Cap. 265E to enhance the qualification for appointment of the County Attorney and the County Solicitor and further to provide for the tenure of office of the County Attorney. 2. Current Law The Office of the County Attorney Act, Cap. 265E Act establishes the Offices of the County Attorney, County Solicitor and legal counsel working in county governments, it provides for their functions and powers. Currently, a person qualifies to be a County Attorney or County Solicitor if a person is an Advocate of the High Court of Kenya of at least five years standing. The County Attorneys have the status and rank of a member of the County Executive Committee. The law also provides for tenure of office of the County Attorney to be a term of six years.
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Page 3 3 Rationale for the Bill The County Attorney is the principal legal adviser to the county government and is a…
3 Rationale for the Bill The County Attorney is the principal legal adviser to the county government and is assisted by the County Solicitor. The functions of the County Attorney include advising and representing the county governments which involves complicated legal issues. County governments have a high range of diverse legal issues which most are complex in nature. It is imperative to increase the current years of experience from the current five to ten years’ experience. Currently, county governments are spending a lot of their resources in payment of legal fees to external lawyers who represent them in different legal matters. Having more experienced lawyers as County Attorneys and Solicitors with ten years’ experience will reduce reliance on external lawyers by county governments. The Bill also seeks to provide the tenure of office of the County Attorney from the current fixed tenure of six years to five years, to be the same as the term of a County Governor. The County Attorney being the principal legal advisor to the county government, sits in during County Executive Committee meetings chaired by the County Governor. While appreciating the role of a County Governor in organizing this or her county government and the critical nature of the meetings of the County Executive Committee it is important that the each County Governor to be given an opportunity to choose the person to advise his or her respective county government. 3. Overview of the Bill (a) Who is a County Attorney? A County Attorney is an Advocate of the High Court of Kenya of at least five years
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Page 4 4 standing who has been appointed by the Governor with the approval of the county assembly as such. They are …
4 standing who has been appointed by the Governor with the approval of the county assembly as such. They are the principal legal advisers to the county government. They attend the meetings of the County Executive Committee as an ex-officio member of the County Executive Committee. (b) What are the functions of the County Attorney? Section 7 of the Office of the County Attorney Act provides that the County Attorney— (a) is the principal legal adviser to the county government; (b) shall attend the meetings of the county executive committee as an exofficio member of the executive committee; (c) shall, on the instructions of the county government, represent the county executive in court or in any other legal proceedings to which the county executive is a party, other than criminal proceedings; (d) shall advise departments in the county executive on legislative and other legal matters; (e) shall negotiate, draft, vet and interpret documents and agreements for and on behalf of the county executive and its agencies; (f) shall be responsible for the revision of county laws; (g) may liaise with the Office of the Attorney-General when need arises; and (h) shall perform any other function as may be necessary for the effective discharge of the duties and the exercise of the powers of the County Attorney. (c) What are the functions of the County Solicitor? The County Solicitor is the principal assistant of the County Attorney in the execution of the functions under Section 7 of the Office of the County Attorney Act.
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Page 5 5 Consequences of the Bill This Bill proposes a legislative framework to amend the Office of the County Attor…
5 Consequences of the Bill This Bill proposes a legislative framework to amend the Office of the County Attorney Act, Cap. 265E to enhance the qualification for appointment of the County Attorney and County Solicitor from the current Advocate of the High Court of Kenya of at least five years standing to an advocate of atleast ten years standing. The Bill also intends to provide for the tenure of office of the County Attorney from the current six years to the tenure of a Governor. 4. WAY FORWARD What next? Pursuant to standing order 145 of the Senate Standing Orders, the Standing Committee on Devolution and Intergovernmental Relations shall facilitate public participation and shall consider the views and recommendations of the public when the committee submits it report to the Senate. What is expected of the members of public? The members of the public are expected to present their views to the Standing Committee on Devolution and Intergovernmental Relations for its consideration. Next step The Bill was Read a First Time in the Senate on 26th November, 2024. Pursuant to standing order 148 of the Senate Standing Orders, the Committee is required to submit its report to the Senate within thirty (30) calendar days of the committal of the Bill to the Committee, therefore, by Friday, 27th December, 2024.
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Page 6 6 Any comments on the Bill may be sent by email to the Clerk of the Senate on the address: clerk.senate@parli…
6 Any comments on the Bill may be sent by email to the Clerk of the Senate on the address: clerk.senate@parliament.go.ke and copied to senate.devolution@parliament.go.ke. Note: 1. This Digest reflects the Bill as published and does not cover any subsequent amendments to the Bill made after publication of the Bill. 2. The Digest does not have any official legal status.
THE SOCIAL PROTECTION BILL, 2025
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Page 1 1 PARLIAMENT OF KENYA THE SENATE SENATE BILLS DIGEST THE SOCIAL PROTECTION BILL, 2025 (NATIONAL ASSEMBLY BILL…
1 PARLIAMENT OF KENYA THE SENATE SENATE BILLS DIGEST THE SOCIAL PROTECTION BILL, 2025 (NATIONAL ASSEMBLY BILLS NO. 12 OF 2025) Sponsor: Senate Majority Leader (National Assembly Bill sponsored by Hon. Kimani Ichung’wa, MP, Leader of Majority in the National Assembly) Committee referred to: Standing Committee on Labour and Social Welfare Type of Bill: Ordinary Bill Date of First Reading: 13th May, 2025 1. Background Social protection plays a critical role in addressing poverty, vulnerability and social exclusion by providing support to individuals and households facing various risks and contingencies. In Kenya, social protection interventions have been implemented through various programs, including cash transfers for orphans and vulnerable children, older persons and persons with severe disabilities. The sector has been regulated under the Social Assistance Act, Cap. 258A, but there is a need to review the existing framework to enhance coordination, improve targeting, strengthen governance and ensure the sustainable implementation of social protection interventions in the country. The Social Protection Bill, 2025 (National Assembly Bills No. 12 of 2025) was passed by the National Assembly on 30th April, 2025 and subsequently transmitted to the Senate. The
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Page 2 2 Bill was read a First Time in the Senate on 13th May, 2025 and referred to the Senate Standing Committee on…
2 Bill was read a First Time in the Senate on 13th May, 2025 and referred to the Senate Standing Committee on Labour and Social Welfare to facilitate public participation. 2. Purpose of the Bill The Social Protection Bill, 2025 intends to — (a) provide a framework for the administration of non-contributory social protection interventions in Kenya; (b) establish the National Board for Social Protection; (c) create a comprehensive legal framework to guide the implementation of social protection programs that support vulnerable individuals and households; (d) cushion persons in need against risks and contingencies; (e) build human capital capabilities and resilience of persons in need; and (f) promote the well-being of persons in need. The implementation of the Bill will further be guided by principles including equity, social justice, inclusiveness, non-discrimination, participatory governance, rights-based approach, adequacy, accessibility, sustainability, evidence-based programming and life- cycle approach to social protection. 3. Overview of the Bill What institutional measures have been put in place to administer the provisions of the Bill? The Bill establishes the National Board for Social Protection as a body corporate to be the primary institution responsible for coordinating social protection interventions in Kenya. The Board will be the central governance structure for implementing the Act and coordinating non-contributory social protection programs in the country. What are the functions of the National Board for Social Protection? Clause 8 of the Bill highlights the functions of the National Board for Social Protection which include, to – (a) advise the Cabinet Secretary on social protection matters;
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Page 3 3 (b) design and implement social protection interventions; (c) provide social assistance and care to vulnera…
3 (b) design and implement social protection interventions; (c) provide social assistance and care to vulnerable persons; (d) coordinate interventions across different sectors and levels of government; (e) foster collaboration among stakeholders; (f) maintain a comprehensive registry of social protection beneficiaries; (g) facilitate data sharing among implementing agencies; (h) undertake civic education on social protection; (i) promote a community of practice among social protection practitioners; (j) undertake indexation of benefits to ensure their value is maintained over time; (k) mobilize resources for social protection programs; (l) conduct research on social protection issues; and (m) perform other functions conferred by law. What is the composition of the Board? As per clause 10 of the Bill, the National Board for Social Protection will comprise – (a) representatives from government ministries; (b) county governments representatives; (c) four persons appointed by the Cabinet Secretary representing: (i) trade unions (ii) employers' organizations (iii) persons with disabilities (iv) older members of society (d) the Chief Executive Officer of the Board. (e) Board members will serve for three years with eligibility for reappointment for one additional term. What role do county governments play in social protection under the Bill? The Social Protection Bill, 2025 recognizes the important role of county governments in social protection implementation. County governments will be responsible for the following –
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Page 4 4 (a) implementing national government policies through county-specific legislation and strategies; (b) alloc…
4 (a) implementing national government policies through county-specific legislation and strategies; (b) allocating resources for social protection interventions at the county level; (c) collaborating with the national Government on social protection matters; (d) developing interoperable county registries for social protection beneficiaries; and (e) developing civic education and public participation strategies related to social protection. Who are the eligible beneficiaries of social protection under the Bill? The Bill mandates the Board to provide social protection to persons in need, who include– (a) orphans and vulnerable children; (b) poor older members of society; (c) persons with disabilities; (d) persons in extreme poverty; (e) persons affected by shocks such as disasters or emergencies; and (f) unpaid caregivers. What types of social protection benefits are provided for under the Bill? Clause 29 of the Social Protection Bill, 2025 specifies two main categories of social protection benefits as follows – 1. Social Assistance - which includes: o cash transfers o transfers in kind 2. Social Care Services - which includes: o rehabilitation services o psychosocial support o respite care o feeding programs o home-based care o skill-building programs o essential drugs and assistive devices
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Page 5 5 What is the application procedure for social protection benefits? The Bill provides for a structured proces…
5 What is the application procedure for social protection benefits? The Bill provides for a structured process for applying for social protection benefits. This includes– (a) Eligibility criteria - based on vulnerability and need as assessed by the Board; (b) Application procedures - ensuring accessibility and transparency; (c) Review mechanisms - allowing applicants to request review of decisions made by the Board; and (d) Appeals processes - providing recourse for those dissatisfied with the Board's determinations. How does the Bill address data management for social protection? The Bill establishes a Social Protection Registry that will serve as a comprehensive database of all social protection beneficiaries. This registry aims to – (a) improve targeting of social protection interventions; (b) reduce duplication of benefits; (c) enable coordination among implementing agencies; and (d) strengthen accountability in the social protection sector. Further, the Bill includes provisions for proper data handling, ensuring confidentiality and protection of beneficiaries' information in line with data protection laws. What measures are in place to prevent abuse of social protection benefits? The Bill addresses potential abuse of social protection benefits by – (a) establishing rights and obligations of beneficiaries; (b) providing for circumstances under which benefits may be terminated; (c) creating mechanism for refunds to the Board in cases of improper payments; (d) regular review of eligibility and benefits; and (e) creating offenses related to fraud, misrepresentation and misappropriation of funds. Are there any offenses in the Bill? The Bill in Part IV provides for several offenses related to the implementation of social protection including –
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Page 6 6 (a) Obstruction of officers implementing the Act; (b) Providing false information during application or ver…
6 (a) Obstruction of officers implementing the Act; (b) Providing false information during application or verification; (c) Unlawful disclosure of confidential information; (d) Fraud in obtaining social protection benefits; and (e) Misappropriation of social protection funds. The penalties for these offenses range from fines of one hundred thousand to two million shillings and/or imprisonment terms of six months to five years. How will the Bill be funded? Clause 47 of the Social Protection Bill, 2025 provides for the establishment of a Social Protection Fund by the Cabinet Secretary which will be used to finance social protection interventions under the Act. The Fund will be managed in accordance with the Public Finance Management Act, Cap.412A. What transitional provisions are included in the Bill? The Bill includes comprehensive transitional provisions to ensure continuity of social protection services which include – (a) Repealing the Social Assistance Act (Cap. 258A); (b) Providing for the transition of staff, obligations, and liabilities from existing structures; (c) Ensuring the continuation of existing social assistance benefits and programs; and (d) Providing for the transfer of assets and legal proceedings from previous arrangements to the new framework. 4. Way Forward What next? Pursuant to standing order 145(5) of the Senate Standing Orders, the Standing Committee on Labour and Social Welfare shall facilitate public participation and shall take into account the views and recommendations of the public when the Committee submits it report to the Senate.
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Page 7 7 What is expected of the members of public? The members of the public are expected to present their views to…
7 What is expected of the members of public? The members of the public are expected to present their views to the Standing Committee on Labour and Social Welfare for its consideration. Next steps The Bill was read a First Time in the Senate on 13th May, 2025. Pursuant to standing order 148(1) of the Senate Standing Orders, the Standing Committee on Labour and Social Welfare is required to submit its report to the Senate within thirty (30) calendar days of the committal of the Bill to the Committee, therefore, by 12th June, 2025. Any comments on the Bill may be submitted to the Office of the Clerk of the Senate, 1st Floor, Main Parliament Buildings, Nairobi, Kenya, through P.O. Box 41842-00100, Nairobi, Kenya or email: clerk.senate@parliament.go.ke and copied to labourcomm.senate@parliament.go.ke. Note: 1. The Digest reflects the Bill as published and does not cover any subsequent amendments to the Bill. 2. The Digest does not have any official legal status.
Bill Digest - The Equalisation Fund Appropriation Bill, No.7 of 2025 - Final_0
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Page 1 1 PARLIAMENT OF KENYA THE SENATE SENATE BILLS DIGEST THE EQUALISATION FUND APPROPRIATION BILL (SENATE BILLS N…
1 PARLIAMENT OF KENYA THE SENATE SENATE BILLS DIGEST THE EQUALISATION FUND APPROPRIATION BILL (SENATE BILLS NO. 7 OF 2025) Sponsor: Sen. (Capt.) Ali Ibrahim Roba, EGH, MP Date of Publication: 18th June, 2025 Date of First Reading: 27th June, 2025 Committee referred to: Standing Committee on Finance and Budget Type of Bill: Ordinary Bill 1. PURPOSE OF THE BILL The principal object of the Equalisation Fund Appropriation Bill, 2025 is to provide a legal framework for the issuance of funds out of the Equalisation Fund to provide basic services to marginalized areas in the financial year 2025/2026. 2. BACKGROUND OF THE BILL What problem is the Bill seeking to address? Article 204(1) of the Constitution provides that “there is established an Equalisation Fund into which shall be paid one half per cent of all the revenue collected by the National Government each year calculated on the basis of the most recent audited accounts of revenue received, as approved by the National Assembly”. Article 204(2) further provides that “the National Government shall use the Equalisation Fund only to provide basic services including water, roads, health facilities and electricity to marginalised areas to the extent necessary to bring the quality of those services in those areas to the level generally enjoyed by the rest of the nation, so far as possible”. Article 204(3) of the Constitution on the other hand provides that “the national government may use the Equalisation Fund only to the extent that the expenditure of those funds has been
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Page 2 2 approved in an Appropriation Bill enacted by Parliament; and either directly, or indirectly through conditi…
2 approved in an Appropriation Bill enacted by Parliament; and either directly, or indirectly through conditional grants to counties in which marginalised communities exist”. Noting that there is need, and indeed a constitutional requirement, for the enactment of appropriation legislation to facilitate the issuance of funds out of the Equalisation Fund to provide basic services to marginalized areas, the Bill fulfills this need and constitutional requirement. What does the law currently provide? There is currently no law in place providing for the issuance of funds out of the Equalisation Fund for the provision of basic services for the financial year 2025/2026. Other laws providing for the issuance of funds out of the Equalisation Fund only relate to the respective financial years during which the laws were enacted, the last being the Equalisation Fund Appropriation Act (No. 7 of 2023) which provided for the issuance of funds out of the Equalisation Fund for the provision of basic services for the financial year 2022/2023. Why the Bill? The Bill makes provision for the issuance and utilization of funds out of the Equalisation Fund for the financial year 2025/2026. Once passed, the Bill will ensure funds allocated to the Equalisation Fund are issued and utilized for the provision of services to marginalized areas of the country as contemplated under Article 204 of the Constitution. 3. OVERVIEW OF THE BILL What does the Bill aim to achieve? The Bill provides a legal framework for the issuance of funds out of the Equalisation Fund and their allocation to provide basic services to marginalized areas of the country in the financial year 2025/2026. When does the Bill start to apply?
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Page 3 3 The Bill provides that once enacted it would come into force on the date of its publication in the Gazette.…
3 The Bill provides that once enacted it would come into force on the date of its publication in the Gazette. Issue and Appropriation of Monies out of the Equalisation Fund The Bill empowers the Equalisation Fund Secretariat to issue KShs. 16,800,000,000/- out of the Equalisation Fund and apply it for the provision of basic services to various constituencies for the financial year 2025/2026. The Bill further appropriates the funds issued for the provision of basic services specified under Article 204 of the Constitution, the Public Finance Management Act and the Public Finance Management (Equalisation Fund Administration) Regulations for the Equalisation Fund Secretariat, counties and constituencies as specified in the Schedule to the Bill. Is the money sent to county governments? The Bill excludes money appropriated under it from being sent to county revenue funds as contemplated under Article 207(1) of the Constitution and section 109(2)(c) of the Public Finance Management Act. Will the money be sent back to the Equalisation Fund if the projects being undertaken are not completed within the financial year 2025/2026? The Bill provides that the issuance of the money from the Equalisation Fund will remain in place until all the projects identified in each constituency as specified in the Schedule are completed. It further empowers the Controller of Budget to authorise the withdrawal of funds from the Equalisation Fund as allocated by the Bill where projects are implemented for more than one financial year. What authority does the Central Bank of Kenya require to pay monies from the Equalisation Fund? The Bill stipulates that the authorisation by the Controller of Budget of a withdrawal from the Equalisation Fund together with written instructions from the Secretary of
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Page 3 the Equalisation Fund Advisory Board, through the National Treasury, requesting for the withdrawal will be su…
the Equalisation Fund Advisory Board, through the National Treasury, requesting for the withdrawal will be sufficient authority for the Central Bank of Kenya to pay monies from the Equalisation Fund Account in accordance with the approval and instructions.
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Page 4 4 Schedule The Bill contains a Schedule which specifies the amounts to be utilised to settle the expenses of …
4 Schedule The Bill contains a Schedule which specifies the amounts to be utilised to settle the expenses of the Equalisation Fund Secretariat and various constituencies development expenses i.e., for the provision of basic services including water, roads, health facilities and electricity. The Schedule allocates KShs. 504,000,000/- to the Equalisation Fund Secretariat for its expenses for the financial year 2025/2026. It further allocates a total of KShs. 16,296,000,000/- for the settlement of development expenses in various constituencies in Baringo, Bomet, Bungoma, Busia, Elgeyo Marakwet, Garissa, Homa Bay, Isiolo, Kajiado, Kericho, Kilifi, Kisumu, Kitui, Kwale, Laikipia, Lamu, Machakos, Mandera, Marsabit, Meru, Migori, Murang’a, Nakuru, Nandi, Narok, Samburu, Siaya, Taita Taveta, Tana River, Tharaka Nithi, Trans Nzoia, Turkana, Wajir and West Pokot counties for the financial year 2025/2026. 4. CONSEQUENCES OF THE BILL The Bill, once enacted, will ensure that funds allocated to the Equalisation Fund are issued and utilized for the provision of basic services to marginalized areas of the country to the extent necessary to bring the quality of those services in those areas to the level generally enjoyed by the rest of the country, so far as possible as contemplated under Article 204 of the Constitution. 5. WAY FORWARD What next? The Bill was Read a First Time in the Senate on 27th June, 2025. Pursuant to standing order 145 of the Senate Standing Orders, the Senate Standing Committee on Finance and Budget shall facilitate public participation and shall take into account the views and recommendations of the public when the committee submits it report to the Senate.
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Page 5 5 Pursuant to standing order 148 of the Senate Standing Orders, the Committee is required to submit its repor…
5 Pursuant to standing order 148 of the Senate Standing Orders, the Committee is required to submit its report to the Senate within thirty (30) calendar days of the committal of the Bill to the Committee, therefore, by 28th July, 2025 What is expected of the members of public? The members of the public are expected to present their views to the Standing Committee on Finance and Budget for consideration. Note: 1. This Digest reflects the Bill as published and does not cover any subsequent amendments to the Bill made thereafter. 2. The Digest does not have any official legal status.
The County Governments Laws (Amendment)Bill,No.14 of 2025 (1)
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Page 1 SPECIAL ISSUE Kenya Gazette Supplement No. 133 (Senate Bills No. 14) REPUBLIC OF KENYA –––––––" KENYA GAZETTE…
SPECIAL ISSUE Kenya Gazette Supplement No. 133 (Senate Bills No. 14) REPUBLIC OF KENYA –––––––" KENYA GAZETTE SUPPLEMENT SENATE BILLS, 2025 NAIROBI, 5th August, 2025 CONTENT Bill for Introduction into the Senate— PAGE The"County"Governments"Laws"(Amendment)"Bill,"2025 ......................... 207 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI
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Page 3 207 THE COUNTY GOVERNMENTS LAWS (AMENDMENT) BILL, 2025 A Bill for AN ACT of Parliament to amend the County Go…
207 THE COUNTY GOVERNMENTS LAWS (AMENDMENT) BILL, 2025 A Bill for AN ACT of Parliament to amend the County Governments Act and the Public Appointments (County Assemblies) Approval Act; and for connected purposes ENACTED by the Parliament of Kenya, as follows— 1. This Act may be cited as the County Governments Laws (Amendment) Act, 2025. Short title. 2. Section 24 of the County Governments Act, is amended — (a)!by inserting the following new subsection immediately after subsection (4)— (4A) The Governor shall within seven days of receipt of a Bill submitted under subsection (4) assent to the Bill. (c) by inserting the following new subsections immediately after subsection (6)— (7) The Governor shall submit for publication in the Gazette the Bill assented to under subsection (2)(a), (4A), (5) or (6) within seven days of the assent. (8) Where the Governor fails to submit a Bill under subsection (7), the Speaker may, within three days of the expiry of the period under subsections (2)(a), (4A), (5) and (6), submit the relevant Bill for publication in the Gazette. (9) A Governor who contravenes subsection (7) shall be deemed to have committed a gross violation of this Act, which may constitute a ground for removal from office under Article 181 of the Constitution and section 33 of the County Governments Act. Amendment of section 24 of Cap. 265. 3. Section 25 of the County Governments Act is amended in subsection (1) by deleting the words “county Amendment of section 25 of Cap. 265.
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Page 4 The County Governments Laws (Amendment) Bill, 2025 208 Gazette and Kenya Gazette” appearing immediately after…
The County Governments Laws (Amendment) Bill, 2025 208 Gazette and Kenya Gazette” appearing immediately after the words “published in the” and substituting therefor the word “Gazette”. 4. Section 30 of the County Governments Act is amended in subsection (2)(k) by inserting the words “at a sitting of the respective county assembly an” immediately after the word “deliver”. Amendment of section 30 of Cap. 265 5. Section 35 of County Governments Act is amended by— (a)!inserting the following new subsection immediately before subsection (1)— (A1) A county governor shall, within fourteen days of being sworn into office, nominate and deliver to the respective county assembly clerk the names of persons proposed for appointment as members of the executive committee. (b)!inserting the following new subsection immediately after subsection (2)— (2A) The county assembly shall consider and determine the approval of a nominee for appointment as a member of the executive committee within twenty-one days of receipt of the name under subsection (A1) or the date of the first sitting of the assembly appointed under section 7B(1)(b), whichever occurs last. Amendment of section 35 of Cap. 265. 6. Section 42 of the County Governments Act is amended by deleting subsection (2). Amendment of section 42 of Cap. 265. 7. Section 45 of the County Governments Act is amended— (a)!in subsection (1) by inserting — (i)! the words “or when a Governor is sworn in subsequent to a general election” immediately after the words “a county chief officer”. (ii)! the following new subsection immediately after subsection (1)— (1A) A county assembly shall consider and make a determination on the approval of a nominee for appointment as county chief Amendment of section 45 of Cap. 265.
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Page 5 The County Governments Laws (Amendment) Bill, 2025 209 officer within twenty-one days of receipt of the nomin…
The County Governments Laws (Amendment) Bill, 2025 209 officer within twenty-one days of receipt of the nomination from the Governor. (c)! by inserting the following new subsection immediately after subsection (1)— (1A) The number of county chief officers appointed under subsection (1) (b) shall not exceed twenty. 8. Section 58 of the County Governments Act is amended— (a)! in subsection (4)(a) by deleting the word “six” appearing immediately after the words “non- renewable term of” and substituting therefor the word “five”; (b)! by inserting the following new subsection immediately after subsection (4)— (4A) Despite subsection (4)(a), members of the Board whose term expires during or after a general election shall continue to hold office until a new Board is appointed in accordance with section 58A, provided that such continuation shall not exceed six months after the general election. Amendment of section 58 of Cap. 265. 9. Section 58A of the County Governments Act is amended in subsection (1) by inserting the words “or when a Governor is sworn in subsequent to a general election” immediately after the words “a county public service board” Amendment of section 58A of Cap. 265. 10. Section 63 of the County Governments Act is amended by inserting the following new subsection (3) immediately after subsection (2)— (3) Despite subsections (1) and (2), during the period beginning ninety days before the date of a general election under Article 101 of the Constitution and ending on the date a newly elected governor assumes office in accordance with the Assumption of the Office of Governor Act— Amendment of section 63 of Cap 265. Cap 265A
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Page 6 The County Governments Laws (Amendment) Bill, 2025 210 (a)! the County Public Service Board may appoint a per…
The County Governments Laws (Amendment) Bill, 2025 210 (a)! the County Public Service Board may appoint a person to the county public service only on a contract basis for a period not exceeding six months; (b)! appointments under paragraph (a) shall be limited to positions that are essential for the continuity of critical services, including health, water and sanitation, and emergency response, as determined by the County Public Service Board in consultation with the relevant county chief officers; (c)! an appointment made under this subsection shall be reviewed by the County Public Service Board within ninety days of the governor assuming office, and any appointment not confirmed within that period shall lapse. 10. Section 86 of the County Governments Act is amended by inserting the following new section immediately after section 86 — 86A. County Public Service Audit (1)!Within six months after the end of every ten- year period, the Auditor-General shall conduct a county public service audit in every county government to assess compliance with Article 232 of the Constitution and Part VII of this Act. (2)!The Auditor General shall submit the audit report to the Senate and the relevant county Assembly. (3)!Within three months after receiving the audit report, the Senate and the relevant County Assembly shall debate and consider the report and take appropriate action. (4)!Despite subsection (1), the Auditor-General shall, within six months after the commencement of this section, conduct a county public service audit in each county government for the purposes of assessing compliance with Article Amendment of section 86 of Cap 265.
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Page 7 The County Governments Laws (Amendment) Bill, 2025 211 232 of the Constitution and Part VII of this Act. 11. …
The County Governments Laws (Amendment) Bill, 2025 211 232 of the Constitution and Part VII of this Act. 11. Section 9 of the Public Appointments (County Assemblies Approval Act is amended by inserting the following new section immediately after section 9— 9A. Failure of a County Assembly to act on nomination If, after expiry of the period for consideration specified in section 9, a County Assembly has neither approved nor rejected a nomination of a candidate, the candidate shall be deemed to have been approved. Amendment of section 9 of Cap 265B.
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Page 8 The County Governments Laws (Amendment) Bill, 2025 212 MEMORANDUM OF OBJECTS AND REASONS Statement of the Obj…
The County Governments Laws (Amendment) Bill, 2025 212 MEMORANDUM OF OBJECTS AND REASONS Statement of the Objects and Reasons for the Bill The purpose of the Bill is to amend the County Governments Act (Cap. 265) to provide clarity in the publication of county legislation passed by county assemblies, to mandate county governors to deliver annual state of the county addresses before respective county assemblies, to stipulate timelines for the nomination and appointment of county executive committee members and county chief officers, to provide for the appointment of new county public service boards after each general election and to provide for a county public service audit . The Bill proposes to provide for the enhancement of the legislative process through ensuring the mandatory publication of assented legislation at the county level and assigning responsibilities to the parties responsible for publication of the legislation. In its current iteration, the County Governments Act is vague as to the mandatory publication of legislation passed by the county assemblies. This has led to delays in the legislative process and undue interference by county executives. The Bill further mandates county governors to deliver annual state of the county addresses before their respective county assemblies to ensure that the addresses are delivered in the proper forum. The Bill also proposes a statutory obligation on county governors to nominate the county executive members within fourteen days of being sworn in and county assemblies to approve or reject the nominations within fourteen days. Currently, the County Governments Act does not provide a time frame within which county executive committee members are to be nominated, vetted and appointed. Consequently, the lack of a time line
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Page 8 for appointing qualified persons to these critical positions has led to inefficiency of service delivery in t…
for appointing qualified persons to these critical positions has led to inefficiency of service delivery in the county. This proposed amendment is therefore intended to provide a period within which the nomination and appointment of county executive committee members is undertaken. The Bill lastly proposes to amend the term of service of the county public service board. This amendment is aimed to reduce the delay in appointments and difficulties encountered in the effective management of counties due to the conflict between the boards and the county governors. The amendment further ensures compliance with section 59 of the County Governments Act.
Bill Digest - The County Governments Additional Allocations No. 2 Bill, No. 8 of 2025 - Final
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Page 1 1 PARLIAMENT OF KENYA THE SENATE SENATE BILLS DIGEST THE COUNTY GOVERNMENTS ADDITIONAL ALLOCATIONS (NO. 2) BI…
1 PARLIAMENT OF KENYA THE SENATE SENATE BILLS DIGEST THE COUNTY GOVERNMENTS ADDITIONAL ALLOCATIONS (NO. 2) BILL (SENATE BILLS NO. 8 OF 2025) Sponsor: Sen. (Capt.) Ali Ibrahim Roba, EGH, MP Date of Publication: 18th June, 2025 Date of First Reading: 27th June, 2025 Committee referred to: Standing Committee on Finance and Budget Type of Bill: Ordinary Bill 1. PURPOSE OF THE BILL The principal object of the County Governments Additional Allocations (No. 2) Bill, 2025 is to make provision for the transfer of conditional and unconditional additional allocations from the National Government's share of revenue and from development partners to county governments for the financial year 2025/2026. 2. BACKGROUND OF THE BILL What problem is the Bill seeking to address? Article 190(1) of the Constitution provides that “Parliament shall by legislation ensure that county governments have adequate support to enable them to perform their functions”. Article 202(2) of the Constitution further provides that “county governments may be given additional allocations from the national government’s share of the revenue, either conditionally or unconditionally”. Noting that county governments require additional support to undertake their functions as designated under Part 2 of the Fourth Schedule to the Constitution, Parliament is called upon to facilitate that support by enacting the Bill pursuant to Articles 190(1) and 202(2) of the Constitution to provide for the additional allocation from the national government’s share of the revenue to the respective counties.
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Page 2 2 It is also instructive to note that section 191 of the Public Finance Management Act (Cap 412A) lists the C…
2 It is also instructive to note that section 191 of the Public Finance Management Act (Cap 412A) lists the County Governments Additional Allocations Bill as one of the Bills allocating revenue which are required to be introduced in Parliament each financial year. What does the law currently provide? There is currently no law in place providing for additional allocation to county governments with respect to the financial year 2025/2026. Other laws providing for additional allocation to county governments only relate to the respective financial years during which the allocations were undertaken. Why the Bill? The Bill makes provision for the transfer of conditional and unconditional additional allocations from the National Government's share of revenue and from development partners to county governments for the financial year 2025/2026. Once passed, the Bill will ensure that counties can access additional funds from the National Government and development partners to facilitate the exercise of their functions as designated under Part 2 of the Fourth Schedule to the Constitution. 3. OVERVIEW OF THE BILL What does the Bill aim to achieve? The Bill provides for additional allocations from the revenue raised nationally and from proceeds of loans and grants from development partners to county governments for the financial year 2025/2026. The Bill also intends to facilitate the transfer of the conditional and unconditional additional allocations made to counties from the Consolidated Fund to the respective county revenue funds and special purpose accounts.
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Page 3 3 What constitutes additional allocations? The Bill provides that additional allocations constitute funds agr…
3 What constitutes additional allocations? The Bill provides that additional allocations constitute funds agreed upon by the Senate and the National Assembly during the consideration of the Budget Policy Statement and comprise— (a) additional allocations provided to county governments from the National Government’s share of revenue, either conditionally or unconditionally, pursuant to Article 202(2) of the Constitution; (b) additional allocations from the National Government and development partners required for the performance of functions transferred to county governments from the National Government pursuant to Article 187 of the Constitution; and (c) additional allocations from loans and grants provided by development partners. The Bill also mandates the inclusion of the additional allocations in relevant county government appropriation legislation. Unconditional additional allocations The Bill provides for unconditional additional allocations to respective county governments from proceeds of court fines collected in the enforcement of county legislation and from the twenty percent share of mineral royalties due to the county governments pursuant to section 183 of the Mining Act (Cap. 306) as set out in the First Schedule to the Bill. The Bill further stipulates that each county government’s unconditional additional allocation be transferred to the respective county revenue fund in accordance with a payment schedule published in the Gazette by the Cabinet Secretary responsible for finance in accordance with section 17 of the Public Finance Management Act (Cap. 412A). Conditional additional allocations The Bill provides for conditional additional allocations to respective county governments from the National Government’s share of revenue for the financial year
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Page 3 2025/2026 as set out in the Second Schedule to the Bill and comprising— (a) allocations for settlement of doc…
2025/2026 as set out in the Second Schedule to the Bill and comprising— (a) allocations for settlement of doctor salary arrears;
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Page 4 4 (b) allocations for the Community Health Promoters (CHP) project; (c) allocations for the construction of c…
4 (b) allocations for the Community Health Promoters (CHP) project; (c) allocations for the construction of county headquarters; and (d) allocations for the County Aggregation and Industrial Parks (CAIP) programme. The Bill also makes provision for conditional additional allocations financed by proceeds of loans or grants from development partners to various county governments for the financial year 2025/2026 as set out in the Third Schedule to the Bill and comprising— (a) allocations financed by proceeds from an International Fund for Agricultural Development (IFAD) loan for the Aquaculture Business Development Programme (ABDP); (b) allocations financed by proceeds from an IDA (World Bank) Credit for Financing Locally-Led Climate Action (FLLoCA) Program – County Climate Institutional Support (CCIS) Grant; (c) allocations amounting to KShs. 6,187,500,000/- financed by proceeds from an IDA (World Bank) Credit for the FLLoCA Program - County Climate Resilience Investment (CCRI) Grant; (d) allocations amounting to KShs. 1,200,000,000/- financed by proceeds from a KfW (German Development Bank) loan for co-financing of FLLoCA – County Climate Resilience Investment (CCRI) Grant; (e) allocations financed by proceeds from an IDA (World Bank) credit for the Food Systems Resilience Project (FSRP); (f) allocations financed by proceeds from German Development Bank (KfW) for the Drought Resilience Programme in Northern Kenya (DRPNK); (g) allocations financed by proceeds from an IDA (World Bank) credit for the Second Kenya Devolution Support Program - Institutional Grant (Level 1); (h) allocations amounting to KShs. 13,042,500,000/- financed by proceeds from an IDA (World Bank) loan for the Second Kenya Devolution Support Program (KDSP2) – Service Delivery and Investment Grant (Level
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Page 4 2);
2);
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Page 5 5 (i) allocations financed by proceeds from an International Fund for Agricultural Development (IFAD) loan fo…
5 (i) allocations financed by proceeds from an International Fund for Agricultural Development (IFAD) loan for the Kenya Livestock Commercialization Project (KeLCoP); (j) allocations amounting to KShs. 10,325,754,660/- financed by proceeds from an IDA (World Bank) loan for the Second Kenya Urban Support Project (KUSP2) - Urban Development Grant (UDG); (k) allocations amounting to KShs. 1,300,000,000/- financed by proceeds from an IDA (World Bank) loan for the Kenya Urban Support Project (KUSP) - Urban Institutional Grant (UIG); (l) allocations amounting to KShs. 4,607,526,599/- financed by proceeds from KfW (German Development Bank) loan for the Kenya Water, Sanitation and Hygiene (KWASH) program; (m) allocations financed by proceeds from an IDA (World Bank) credit for the National Agricultural Value Chain Development Project (NAVCDP); (n) allocations financed by proceeds from a DANIDA grant for the Primary Healthcare in Devolved Context (PHC) programme; (o) allocations financed by proceeds from an IDA (World Bank) Loan for the Water and Sanitation Development Project (WSDP); (p) allocations financed by proceeds from AFD (Agence Française de Développement/French Development Agency) for Kenya Informal Settlement Improvement Project 2 (KISIP2); and (q) allocations financed by proceeds from an IDA-World Bank for Kenya Informal Settlement Improvement Project 2 (KISIP2). The Bill also provides criteria for the allocations made under paragraphs (c) and (d), (h), (j), (k) and (l) above, which allocations are required to be published in the Gazette by the Cabinet Secretary responsible for finance.
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Page 6 6 The bill further requires the allocations to be transferred to the respective county revenue funds in accor…
6 The bill further requires the allocations to be transferred to the respective county revenue funds in accordance with a payment schedule published in the Gazette by the Cabinet Secretary responsible for finance pursuant to section 17 of the Public Finance Management Act and only be accessed by a county government after meeting conditions set out in the Intergovernmental Agreements entered into pursuant to section 191A of the Public Finance Management Act. The Bill stipulates that the conditional additional allocations be included in the budget estimates of the National Government and be submitted to Parliament for approval. Reporting and accounting The Bill mandates the Cabinet Secretary responsible for finance to publish a quarterly report on actual transfers of additional allocations to county governments disbursed pursuant to the Bill, once enacted, by the 30th day of the end of each quarter. The Bill also requires county treasuries to reflect all transfers of conditional allocations by the National Government to the respective county government in their books of accounts. The Bill further mandates county treasuries, in their respective consolidated quarterly and annual reports required to be submitted under the Public Finance Management Act, to provide information on— (a) the actual transfers received by the county government from the National Government up to the end of that quarter or year; (b) the actual expenditure by the county government of the allocations made from the National Government share of revenue, the Road Maintenance Levy Fund and proceeds from court fines collected from the enforcement of county legislation; (c) the extent of compliance with the provisions of the Bill once enacted and with the conditions of allocations as set out in the
The County Governments Additional Allocations Bill, No.1 of 2025
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Page 1 SPECIAL ISSUE Kenya Gazette Supplement No. 6 (Senate Bills No. 1) REPUBLIC OF KENYA ––––––– KENYA GAZETTE SUP…
SPECIAL ISSUE Kenya Gazette Supplement No. 6 (Senate Bills No. 1) REPUBLIC OF KENYA ––––––– KENYA GAZETTE SUPPLEMENT SENATE BILLS, 2025 NAIROBI, 6th February, 2025 CONTENT Bill for Introduction into the Senate — PAGE The County Governments Additional Allocations Bill, 2025 ............... 1 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI
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Page 3 THE COUNTY GOVERNMENTS ADDITIONAL ALLOCATIONS BILL, 2025 ARRANGEMENTS OF CLAUSES Clause 1—Short title. 2—Inte…
THE COUNTY GOVERNMENTS ADDITIONAL ALLOCATIONS BILL, 2025 ARRANGEMENTS OF CLAUSES Clause 1—Short title. 2—Interpretation. 3 —Object. 4—Additional allocations to county governments. 5—Conditional and unconditional allocations 6—Report on actual transfers. 7—Books of accounts to reflect national government transfers. 8—Reporting. FIRST SCHEDULE: CONDITIONAL ALLOCATIONS TO COUNTY GOVERNMENTS FROM NATIONAL GOVERNMENT REVENUE SECOND SCHEDULE: CONDITIONAL ALLOCATIONS FROM THE ROAD MAINTENANCE LEVY FUND THIRD SCHEDULE: UNCONDITIONAL ALLOCATIONS TO COUNTY GOVERNMENTS FROM COURT FINES AND MINERALS ROYALTIES FOURTH SCHEDULE: CONDITIONAL ALLOCATIONS TO COUNTY GOVERNMENTS FROM LOANS AND GRANTS FROM DEVELOPMENT PARTNERS
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Page 4 The County Governments Additional Allocations Bill, 2025 2 THE COUNTY GOVERNMENTS ADDITIONAL ALLOCATIONS BILL…
The County Governments Additional Allocations Bill, 2025 2 THE COUNTY GOVERNMENTS ADDITIONAL ALLOCATIONS BILL, 2025 A Bill for AN ACT of Parliament to provide for the additional allocations to county governments for the 2024/2025 financial year; the responsibilities of National Government and county governments pursuant to such allocations; and for connected purposes. ENACTED by Parliament of Kenya, as follows— 1. This Act may be cited as the County Governments Additional Allocations Act, 2025. Short title. 2. In this Act — “Cabinet Secretary” means the Cabinet Secretary responsible for matters relating to finance; “additional allocations” means additional resources allocated to county governments from the National Government’s share of revenue or in the form of loans and grants from development partners; and “county executive committee member” means the county executive committee member responsible for matters relating to finance. Interpretation. 3. The object of this Act is to— (a) provide, pursuant to Article 202(2) of the Constitution, for additional allocations for the financial year 2024/25; (b) provide for additional allocations from proceeds of loans and grants from development partners; and (c) facilitate the transfer of conditional and unconditional allocations made to counties under this Act from the Consolidated Fund to the respective County Revenue Funds and special purpose accounts. Object. 4. (1) Additional allocations shall constitute funds agreed upon by the National Assembly and the Senate during the consideration of the Budget Policy Statement and shall comprise— Additional allocations to county governments
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Page 5 The County Governments Additional Allocations Bill, 2025 3 (a) additional allocations from the National Gover…
The County Governments Additional Allocations Bill, 2025 3 (a) additional allocations from the National Government and development partners required for functions transferred to counties from the National Government pursuant to Article 187 of the Constitution; (b) additional allocations provided for under Article 202(2) of the Constitution; and (c) additional allocations in the form of loans and grants from development partners. (2) The National Treasury shall facilitate the negotiation of any agreement between a county government and a development partner and shall table the agreements in the National Assembly and the Senate before inclusion of the additional allocation in the Budget Policy Statement. 5. (1) Conditional allocations to each county government from the National Government share of revenue for the financial year 2024/25 shall be as set out in Column G of the First Schedule, comprising — (a) conditional allocations for the construction of county headquarters as set out in Column B; (b) conditional allocations for the County Aggregation and Industrial Parks (CAIP) programme as set out in Column C; (c) conditional allocations for the Community Health Promoters (CHP) project as set out in Column D; (d) conditional allocations for basic salary arrears for county government health workers as set out in Column E; and (e) conditional allocations for the Transfer of Museum function as set out in Column F. Conditional allocations to county governments. (2) Conditional allocations financed by proceeds from the Road Maintenance Fuel Levy (RMLF) Fund shall be as set out in the Second Schedule. (3) Unconditional allocations to the respective county government being proceeds from court fines collected from the enforcement of county legislation as set out in Column B for
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Page 5 the financial year 2024/25 shall be as set out in the Third Schedule.
the financial year 2024/25 shall be as set out in the Third Schedule.
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Page 6 The County Governments Additional Allocations Bill, 2025 4 (4) Conditional allocations financed by proceeds o…
The County Governments Additional Allocations Bill, 2025 4 (4) Conditional allocations financed by proceeds of loans or grants from development partners to each county government for the financial year 2024/25 shall be as set out in Column P of the Fourth Schedule comprising — (a) conditional allocations from a grant by DANIDA to finance Primary Healthcare in Devolved Context as set out in Column B; (b) conditional allocations financed by proceeds from an IDA (World Bank) loan to finance the Kenya Informal Settlement Improvement Project (KISIP II) as set out in Column C; (c) conditional allocations financed by proceeds from an IDA (World Bank) loan to finance Emergency Locust Response Project (ELRP) as set out in Column D; (d) conditional allocations financed by proceeds from a KfW (German Development Bank) loan for co- financing of FLLoCA – County Climate Resilience Investment (CCRI) Grant as set out in Column E; (e) conditional allocations financed by proceeds from an IDA (World Bank) loan for the FLLoCA - County Climate Resilience Investment (CCRI) Grant as set out in Column F; (f) conditional allocations financed by proceeds from an IDA (World Bank) loan for the Food Systems Resilience Project - FSRP) as set out in Column G; (g) conditional allocations financed by proceeds from an IDA (World Bank) Loan for the National Agricultural Value Chain Development Project (NAVCDP) as set out in Column H; (h) conditional allocations from an IDA (World Bank) loan to finance Water and Sanitation Development Project (WSDP) as set out in Column I; (i) conditional allocations financed by proceeds from an IDA (World Bank) loan for the Kenya Devolution Support Programme (KDSP II) as set out in Column J; (j) conditional allocations financed by proceeds from
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Page 7 The County Governments Additional Allocations Bill, 2025 5 an IDA (World Bank) Loan for the Kenya Urban Suppo…
The County Governments Additional Allocations Bill, 2025 5 an IDA (World Bank) Loan for the Kenya Urban Support Project (KUSP) - Urban Institutional Grant (UIG) as set out in Column K; (k) Conditional allocations financed by proceeds from an International Fund for Agricultural Development (IFAD) loan for the Kenya Livestock Commercialization Project (KeLCoP) as set out in Column L; (l) conditional allocations financed by proceeds from a KfW (German Development Bank) Loan for the Drought Resilience Programme in Northern Kenya (DRPNK) as set out in Column M; (m) conditional allocations financed by proceeds from an International Fund for Agricultural Development (IFAD) loan for the Aquaculture Business Development Programme (ABDP) as set out in Column N; and (n) conditional allocations financed by proceeds from a grant financed by the United Nations Fund for Population Activities (UNFPA) for the tenth Country Program as set out in Column P. (5) Conditional allocations under subsection (4)(d) and (e) shall be allocated among county governments on the basis of the following criteria — (a) the accounting officer responsible for the conditional allocation shall in each eligible county government carry out an assessment to determine the eligible county governments’ performance score for purposes of determining the performance of County Climate Resilience Investment (CCRI) grant allocation for the Financial Year 2024/25; (b) the first fifty percent of the total allocation shall be transferred on the basis of factors that reflect relative expenditure needs for climate action, including the variables of a fixed share at 33.3 percent, rural population at 30 percent, rural area at 13.3 percent, and poverty at 23.3 percent, whereby the weights are based on the formula for allocating
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Page 7 the share of the national revenue among counties; and (c) the second fifty percent of the total allocation sh…
the share of the national revenue among counties; and (c) the second fifty percent of the total allocation shall
The County Allocation of Revenue Bill, No.9 of 2025
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Page 1 SPECIAL ISSUE Kenya Gazette Supplement No.95 (Senate Bills No.9) REPUBLIC OF KENYA KENYA GAZETTE SU PPLEMENT …
SPECIAL ISSUE Kenya Gazette Supplement No.95 (Senate Bills No.9) REPUBLIC OF KENYA KENYA GAZETTE SU PPLEMENT SENATE BILLS,2025 NAIROBI, 24th June, 2025 CONTENT The County Allocation of Revenue Bill, 2025 PAGE 147 2? JUN ZOZ5 IRST READIN t A '( tl lrl SEN BNT PRINTED AND PUBLISHED BY THE @VERNMEN"T PRINTER. NAIROBI Bill for Introduction into the Senate -
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Page 2 t4'7 THE COUNTY ALLOCATION OF REVENUE BILL, 2025 ARRANGEMENT OF CLAUSES Clause l-Short title. 2-Interpretatio…
t4'7 THE COUNTY ALLOCATION OF REVENUE BILL, 2025 ARRANGEMENT OF CLAUSES Clause l-Short title. 2-Interpretation. 3-Object. 4-Equitable allocation of county governments'share of revenue. 5-Budget ceilings for recurrent expenditure. 6-Funding of transferred functions. 7-Report on actual transfers. 8-Books of accounts to reflect National Government transfers. 9-Financial misconduct. l0-Applicable revenue - sharing formula. FIRST SCHEDULE: ALLOCATION OF EACH COUNTY GOVERNMENTS' EQUITABLE SHARE OF REVENUE RAISED NATIONALLY, FINANCIAL YEAR 2025t2026 SECOND SCHH)LILE: COUNTY GOVERNMENT BUDGET CEILINGS OF RECURRENT EXPENDITURE IN FINANCIAL YEAR 202512026
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Page 3 148 'l-Irc Count.r'.llloLutktn of'llcvenue Bilt,2025 THE COUNTY AI,LOCATION OF REVENUE BILL, 202s { Bill for …
148 'l-Irc Count.r'.llloLutktn of'llcvenue Bilt,2025 THE COUNTY AI,LOCATION OF REVENUE BILL, 202s { Bill for AN ACT of Parliament to provide for the equitable allocation of revenue raised nationally among the county governments for the 202512026 financial year; the responsibilities of national and county governments pursuant to such allocation; and for connected purposes. ENACTED by Parliament of Kenya, as follows- 1. This Act may be cited as the County Allocation of Revenue Act,2025. 2.In this Act - "Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to finance; and "revenue" has the meaning assigned to it under section 2 of the Commission on Revenue Allocation Act. 3. The object of this Act is to - (a) provide, pursuant to Article 218(l)(b) of the Constitution, for the allocation of an equitable share of revenue raised nationally among the county governments, in accordance with the resolution approved by Parliament under Article 217 of the Constitution for the financial year 2025126; and (b) facilitate the transfer of allocations made to counties under this Act from the Consolidated Fund to the respective County Revenue Funds. 4. (l) Each county governments' equitable share of revenue raised nationally, on the basis of the revenue sharing formula approved by Parliament in accordance with Article 217 of the Constitution in respect of the financial year 2025126 shall be as set out in Column F of the First Schedule. (2) Each county government's allocation under subsection (l) shall be transferred to the respective County Revenue Fund in accordance with a payment schedule approved by the Senate and published in the Gazette by the Shon litle Intcrpretation Cap.428 Objecl Equitable allocatioo of coutlty govcmments' shart of rcvcnue
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Page 4 The County Allocation of Revenue Bill,2025 Cabinet Secretary in accordance with section 17 of the Public Fina…
The County Allocation of Revenue Bill,2025 Cabinet Secretary in accordance with section 17 of the Public Finance Management Act. 5. The budget ceilings for recurrent expenditure for county governments for the financial year 202512026 shall be as set out in the Second Schedule. 6. (l) Where a county government has transferred a function to the National Government pursuant to Article 187 of the Constitution, the respective county executive in consultation with the National Government shall determine the cost of the transferred functions. (2) The respective county assembly shall appropriate such monies as may be required for the transferred function in accordance with the determination made under subsection (l) and the allocation shall not be less than the amount appropriated by the county assembly in the preceding fi nancial year. (3) The monies appropriated under subsection (l) shall be transferred to the National Government. (4) A national government entity to which a county government function has been transferred shall submit a quarterly report to the Senate and the respective county assembly on the status of the discharge of the devolved function. (5) The Auditor-General shall, no later than three months after the end of a financial yeiu, prepare a special audit report on the financial and non-financial performance of an entity to which a county government function has been transferred. (6) The Auditor-General shall submit the report under subsection (5) to the Senate and the respective county assembly. 7. The Cabinet Secretary shall publish a monthly report on actual transfers of all allocations to county governments. E. (l) Each county treasury shall reflect all transfers by the national government to the county governments in its books of accounts. t49 Cag 4l2A
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Page 4 Budget ceilings for recurrcnt expenditure. Funding of transferred functions. Books of accounts to rcflect Nst…
Budget ceilings for recurrcnt expenditure. Funding of transferred functions. Books of accounts to rcflect Nstional Government transfers. Rcpon on actusl transfers.
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Page 5 150 The County Allocation of Revenue Bill,2025 (2) The estimates of revenue of each county shall separately r…
150 The County Allocation of Revenue Bill,2025 (2) The estimates of revenue of each county shall separately reflect the total equitable revenue share under section 4 of this Act transferred to the County Revenue Fund. (3) A county treasury shall as part of its consolidated quarterly and annual reports required under the Public Finance Management Act report on actual transfers received by the county government from the national government, up to the end of that quarter or year in the format prescribed by the Public Sector Accounting Standards Board or in the absence of a format prescribed by the Board, in the format prescribed by the National Treasury. 9. Despite the provisions of any other law, any serious or persistent non-compliance with provisions of this Act constitutes an offence under the Public Finance Management Act. 10. For the avoidance of doubt the allocation of the equitable share of revenue to county governments under section 4 of this Act shall be in accordance with the fourth determination of the basis of the division of revenue among counties approved by Parliament pursuant to Article 217(7) of the Constitution. Cap.4l24 Financial misco[ducl Cap. 4l2A Applicable revcnue-sharing formula.
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Page 6 The County Allocation of Revenue Bill,2025 t5l FIRST SCHEDULE Allocation of Each County Government's Equitabl…
The County Allocation of Revenue Bill,2025 t5l FIRST SCHEDULE Allocation of Each County Government's Equitable Share of Revenue Raised Nationally in the FY 2025126. B8s€line Allocation of Ksh3t7.425 billion Amrmetive ActioIl Allocation Ksh.4.46 Billion Addltiond equltsblc share above Ksh39l.t85 (Ksh23.l lSblllion) Totrl Equltrble Shere SN County Allocation factor Equitsble share Allocrtion Ratio llquitsble Shqre B C I) H F=B+C+L Baringo 6b83,8'13 223 1.72966 399,810,r61 7083,683J84 2 Bomet 70l5.l2l .755 I .86926 432978.744 7.44'12@.499 -l Bungoma 2.88331 I I .170.673599 2.88't22 66738 t 06? I I,838,054,666 I B usia 1.93971 1 5t4,935 582 1.91057 441,628,416 7.956564058 5 Elgeyo- Marakwet 1.24585 4.826.732pt9 371,666,667 1.37031 316;748,026 5 5 t5 ,146,7 t2 6 Embu 1.3860-5 5.369,896.832 371.666.667 1.45307 335.8?8.174 6077 ,44t.672 '7 Garissa 2.13988 8290.44',7 365 2.5,()9.1 587337,3 r l 8,87't.' \1.676 tt Homa-Bay 2.10887 8,1702E0,800 2.05968 4't6p95 263 8 ,646 -3 76 ,063 9 I .2708-l 4 .923 507 .187 17 I .666 .66',1 | .45.140 336.183.,145 5,63 | 357298 lo Kajiado 2.t539'l 8345,013.6r0 2.376t2 s49241276 8,894254,886 ll Kakamega 3.35046 l 2 .980 -503 320 3.00387 694,34s 246 l3,674,848 J66 t2 Kericho | 739:tO 6,738,465.302 I .90440 440 203 054 7, r78.668,356 l3 Kiambu 3.17318 t2293.696,67 4 3.36630 't78,t2t 3t2 13,071 ,8 r ?986 tl Kilifi 3.14t2I 2.78414 643 5s3 294 l2,E 13J96,770 l5 Kirinyaga I .40654 5.449 212 J t9 t.4307',7 330,722 506 6.151.661.892 t6 Kisii 2.40 t9'1 9305.835,688 2.223t'.? 5 t3,886,080 9,819J21,768 t1 Kisumu 2.16954 8,405.328 J73 496.698365 8,902.026,938 lll 10,885,968,099 2.6'1333 6t'7 939,738 I 1503,9O7,837 l9 Kwale 2.22634 8.625.41 I .603 | .96101 453 288.040 9 07 8 ,699,643 lo Laikipia I .39047 5387 p34;132 3',n.ffi,61 1.494t8 345 J80,610
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Page 6 6,104.082,008 I Lamu 0.84in2 3 254 A3O.723 371.666,67 I .00162 3,851 .62t 205 22 Machakos 2.47',7 t8 9 597 2n…
6,104.082,008 I Lamu 0.84in2 3 254 A3O.723 371.666,67 I .00162 3,851 .62t 205 22 Machakos 2.47',7 t8 9 597 2n.9q 2.5t't 45 5tt I .901t.?4 t 10,179,t 32,681 23 Makueni 8,49't 308212 2 t1237 479,027,382 8,976,335,654 24 Mandera 3.01752 ,690,6t8J6O 574,M6,433 t226s pu.993 25 Marsabit r .96093 7 59't ,tst,t94 508J r 7,884 8,105.669078 26 Mcru 1.5667Ii I,9.r434O 380 609.605 579 10J53,946059 2'l Migori 2.1&31 8 38s,076399 2.r5818 498,863 320 8.883.939J l9 28 Momhasir 2.03902 7,899.674038 2.09263 483,1t t 243 29 Murang'a 1.93892 751 I,867,031 r .97966 457597.845 7,969A@,8',t6 30 Nairobi City 5.20842 20.178.7|.957 5.35763 r,238,416,440 2t ,4t't ,t28397 3l Nakuru 3.52765 I 3 ,666 997 ,646 3.40969 788.r 500 r2 t 4,455,t47,658 l2 Nandi 1.89613 734607 r .107 1.84169 425;706,959 '7 J',l t J78,066 33 Narok 2.38546 924r,8@5r9 2.2862t 528,456,62'l 9."l'to3t't,t46 34 Nyamira t.38349 5-159,987,994 31t,666,66',1 I .47861 341.179,695 6p73,434356 35 Nvandarua r.53230 5,936521,652 31t,666.667 354,487 312 6,662,675,63t l6 Nyeri t.68255 6-518,609255 r.63324 377 523,4t8 6,896.r 32,673 A t.72520 I .81070 Isiolo t2,t69,E43,476 37 t.666,661 2.14881 Kitui 2.80983 23t 523,8t5 2.t9328 2.485t'I 2.r9995 2.6f12't 83E33E5 28 r t.53358
The Constitution of Kenya (Amendment) (No. 2) Bill, 2025 (Senate Bills No. 16 of 2025)
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Page 1 SPECIAL ISSUE Kenya Gazette Supplement No. 138 (Senate Bills No. 16) REPUBLIC OF KENYA –––––––" KENYA GAZETTE…
SPECIAL ISSUE Kenya Gazette Supplement No. 138 (Senate Bills No. 16) REPUBLIC OF KENYA –––––––" KENYA GAZETTE SUPPLEMENT SENATE BILLS, 2025 NAIROBI, 8th August, 2025 CONTENT Bill for Introduction into the Senate — PAGE The Constitution of Kenya (Amendment) (No. 2) Bill, 2025 ................ 231 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI
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Page 3 231 THE CONSTITUTION OF KENYA (AMENDMENT) (No. 2) BILL, 2025 A Bill for AN ACT of Parliament to amend the Con…
231 THE CONSTITUTION OF KENYA (AMENDMENT) (No. 2) BILL, 2025 A Bill for AN ACT of Parliament to amend the Constitution of Kenya. ENACTED by the Parliament of Kenya, as follows – 1. This Act may be cited as the Constitution of Kenya (Amendment) (No. 2) Act, 2025. Short title. 2. This Act shall apply to the general elections following the coming into force of this Act. Application. 3. Article 90 of the Constitution is amended by— (a)!in clause (1), by deleting the expression "Articles 97(1)(c) and 98(l)(b), (c) and (d)" and substituting therefor the expression “Articles 97(1)(c)(ca) and (1A) and 98(1)(b), (c), (d) and (1A)”; (b)!in clause (2) by inserting the following new paragraphs immediately after paragraph (c)— (d) members of a political party are democratically involved in the generation of the party list through a fair and competitive process as set out in the respective party constitution and nomination rules; and (e) each party list reflects the representation of the marginalized groups set out in Article 100 to the greatest extent possible taking into account the nature of the party list; (c)!inserting the following new clause immediately after clause (3) — (4) A person elected under clause (1) for a seat shall not hold such office for more than two terms. Amendment of Article 90 of the Constitution 4. Article 97 of the Constitution is amended — (a)!in clause (1) — Amendment of Article 97 of the Constitution. (i)! by deleting the word “persons with disabilities” appearing immediately after the words “including the youth” in paragraph (c);
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Page 4 The Constitution of Kenya (Amendment)(No. 2) Bill, 2025 232 (ii)!by inserting the following new paragraph imm…
The Constitution of Kenya (Amendment)(No. 2) Bill, 2025 232 (ii)!by inserting the following new paragraph immediately after paragraph (c) — (ca) five percent of the total number of members in paragraphs (a), (b) and (c) nominated by parliamentary political parties according to their proportion of members of the National Assembly and in accordance with Article 90, to represent persons with disabilities. (b)!by inserting the following new clauses immediately after clause (1) — (1A) In the event that the membership of the National Assembly under clause (1) does not conform to the principle that not more than two-thirds of the members are of the same gender, there shall be nominated additional number of special seat members necessary to ensure that not more than two-thirds of the membership of the House are of the same gender. (1B) The number of special seats under clause (1A) shall be determined after the declaration of the results of a general election. 5. Article 98 of the Constitution is amended— (a)!in clause (1) by deleting paragraph (d) and substituting therefor the following new paragraph — Amendment of Article 98 of the Constitution. (d) five percent of the total number of members in paragraphs (a), (b) and (c) nominated by parliamentary political parties according to their proportion of members of the Senate and in accordance with Article 90, to represent persons with disabilities. (b)!by inserting the following new clauses immediately after clause (1)— (1A) In the event that the membership of the Senate under clause (1) does not conform to the principle that not more than two-thirds of the members are of the same gender, there shall be
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Page 5 The Constitution of Kenya (Amendment)(No. 2) Bill, 2025 233 nominated additional number of special seat membe…
The Constitution of Kenya (Amendment)(No. 2) Bill, 2025 233 nominated additional number of special seat members necessary to ensure that no more than two-thirds of the membership of the House are of the same gender. (1B) The number of special seats under clause (1A) shall be determined after the declaration of the results of a general election. 6. Article 101 of the Constitution is amended in clause (2) by deleting the words “under Article 97 (1)(c) or of the Senate under Article 98 (1)(b),(c) or (d)” appearing immediately after the words “National Assembly” in the introductory clause and substituting therefor the words under “Article 97(1)(c), (ca) or (1A) or of the Senate under Article 98 (1)(b),(c), (d) or (1A)”. Amendment of Article 101 of the Constitution
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Page 6 The Constitution of Kenya (Amendment)(No. 2) Bill, 2025 234 MEMORANDUM OF OBJECTS AND REASONS Statement of th…
The Constitution of Kenya (Amendment)(No. 2) Bill, 2025 234 MEMORANDUM OF OBJECTS AND REASONS Statement of the Objects and Reasons for the Bill The principal object of this Bill is to amend the Constitution of Kenya through Parliamentary initiative by- (a)!amending Article 90 to accommodate the proposals to amend Articles 97 and 98 accordingly; (b)!amending Article 97 to provide for a formula to nominate additional special seat members of the National Assembly if, after declaration of results following a national election, the membership of the National Assembly does not conform to the constitutional principle that not more than two-thirds of the members are of the same gender; and (c)!amending Article 98 to provide for a formula to nominate additional special seat members of the Senate if, after declaration of results following a national election, the membership of the Senate does not conform to the constitutional principle that not more than two-thirds of the members are of the same gender. The Bill also seeks to amend the Constitution of Kenya to provide for additional seats in the National Assembly and Senate in order to implement the principle of at least five percent of the members of the public in elective and appointive bodies should be persons with disabilities. The Bill proposes to amend Articles 97 and 98 of the Constitution to ensure that five percent of members of the National Assembly and the Senate are representatives of persons with disability. This is intended to promote representation of PWDs in the National Assembly and Senate so as to address the historical exclusion of PWDs from decision-making processes, resulting in laws and policies that do not reflect their unique challenges and needs. By ensuring the adequate representation of PWDs in
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Page 6 government, the Bill aims to ensure that their voices are heard, and their interests and needs are taken into…
government, the Bill aims to ensure that their voices are heard, and their interests and needs are taken into account in decision-making. Statement that the proposed Bill does not relate to matters set out under Article 255 of the Constitution None of the proposed amendments relate to the matters set out under Article 255 (1) and therefore need not be approved by a referendum.
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Page 7 The Constitution of Kenya (Amendment)(No. 2) Bill, 2025 235 The enactment of this Act shall occasion addition…
The Constitution of Kenya (Amendment)(No. 2) Bill, 2025 235 The enactment of this Act shall occasion additional expenditure of public funds, which shall be provided for in the estimates Dated the 23rd July, 2025. AARON CHERUIYOT, Senator.
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Page 8 The Constitution of Kenya (Amendment)(No. 2) Bill, 2025 236 Article 90 of the Constitution which it is propos…
The Constitution of Kenya (Amendment)(No. 2) Bill, 2025 236 Article 90 of the Constitution which it is proposed to amend 90. Allocation of party list seats (1) Elections for the seats in Parliament provided for under Articles 97(1)(c) and 98(1)(b), (c) and (d), and for the members of. County assemblies under article 177(1)(b) and (c), shall be on the basis of proportional representation by use of party lists. (2) The Independent Electoral and Boundaries Commission shall be responsible for the conduct and supervision of elections for seats provided for under clause (1) and shall ensure that- (a)!each political party participating in a general election nominates and submits a list of all the persons who would stand elected if the party were to be entitled to all the seats provided for under clause (1), within the time prescribed by national legislation; (b)!except in the case of the seats provided for under Article 98(1) (b), each party list comprises the appropriate number of qualified candidates and alternates between male and female candidates in the priority in which they are listed; and (c)!except in the case of county assembly seats, each party list reflects the regional and ethnic diversity of the people of Kenya. (3) The seats referred to in clause (1) shall be allocated to political parties in proportion to the total number of seats won by candidates of the political party at the general election. Article 97 of the Constitution that the Bill proposes to amend — 97. Membership of the National Assembly (1) The National Assembly consists of— (a) two hundred and ninety members, each elected by the registered voters of single member constituencies; (b) forty-seven women, each elected by the registered voters of the counties, each county constituting a single member
The Agriculture Produce (Minimum Guaranteed Returns) Bill, No.17 of 2025 (2)
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Page 1 SPECIAL ISSUE Kenya Gazette Supplement No. 139 (Senate Bills No. 17) REPUBLIC OF KENYA –––––––" KENYA GAZETTE…
SPECIAL ISSUE Kenya Gazette Supplement No. 139 (Senate Bills No. 17) REPUBLIC OF KENYA –––––––" KENYA GAZETTE SUPPLEMENT SENATE BILLS, 2025 NAIROBI, 8th August, 2025 CONTENT Bill for Introduction into the Senate — PAGE The Agriculture Produce (Minimum Guaranteed Returns) Bill, 2025 ... 239 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI
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Page 3 239 THE AGRICULTURE PRODUCE (MINIMUM GUARANTEED RETURNS) BILL, 2025 ARRANGEMENT OF CLAUSES Clause PART I – PR…
239 THE AGRICULTURE PRODUCE (MINIMUM GUARANTEED RETURNS) BILL, 2025 ARRANGEMENT OF CLAUSES Clause PART I – PRELIMINARY 1! —Short title. 2! —Interpretation. 3! —Objective of the Act. 4! —Role of county governments. PART II – ESTABLISHMENT OF A COUNTY MINIMUM GUARANTEES COMMITTEE 5! —Establishment of the committee. 6! —Meetings of the committee. 7! —Functions of the committee. 8! —Vacancy. 9! —Disclosure of Interest. 10! —Secretariat of the committee. 11! —Functions of the secretariat. PART III – MINIMUM GUARANTEED RETURNS 12! —Assessment of minimum guaranteed returns. 13! —Produce eligible for minimum guaranteed returns. 14! —Publication of comprehensive cost. 15! —Application for minimum guaranteed returns. 16! —Suspension of Payments. 17! —Offences. PART IV– MISCELLANEOUS 18!—Signing Authority. 19!—Protection from Personal Liability. 20!—Regulations. 21!—County Legislation.
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Page 4 The Agriculture Produce (Minimum Guaranteed Returns) Bill, 2025 240 THE AGRICULTURE PRODUCE (MINIMUM GUARANTE…
The Agriculture Produce (Minimum Guaranteed Returns) Bill, 2025 240 THE AGRICULTURE PRODUCE (MINIMUM GUARANTEED RETURNS) BILL, 2025 A Bill for AN ACT of Parliament to support agriculture production by providing a framework for ensuring minimum guaranteed returns in counties; and for connected purposes ENACTED by the Parliament of Kenya, as follows— 1. This Act may be cited as the Agriculture Produce (Minimum Guaranteed Returns) Act, 2025. Short title. 2. In this Act,— “average market price” means the mean price of the relevant produce over the preceding twelve months as published by the Kenya National Bureau of Statistics; “committee” means a county minimum guarantees committee established under section 5; “comprehensive cost” means the total production costs incurred including— (i)! farm inputs including seeds, herbicides, pesticides, fertilizers; (ii)! livestock production inputs including animal feeds, drugs; (iii)! labour; (iv)! fuel, irrigation, machinery; (v)! farm rent; (vi)! post-harvest handling costs; and (vii)! other direct or indirect cost as may be determined by the committee; “county executive committee member” means the county executive committee member in charge of agriculture; and “minimum guaranteed returns” means the minimum return of money guaranteed by a county government for agricultural produce in accordance with this Act. Interpretation.
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Page 5 The Agriculture Produce (Minimum Guaranteed Returns) Bill, 2025 241 3. The objective of this Act is to— (a)!i…
The Agriculture Produce (Minimum Guaranteed Returns) Bill, 2025 241 3. The objective of this Act is to— (a)!improve income stability for farmers by providing a guaranteed return to cushion them against market fluctuations; (b)!promote food security by incentivising the carrying out of agriculture; and (c)!facilitate equitable agricultural development across counties. Objective. 4. (1) Each county government shall be responsible for the implementation of this Act. (2) Without prejudice to the generality of subsection (1), each county government shall— (a)!approve and integrate minimum guarantee payment programmes within their annual county budget; (b)!mobilise resources necessary for the payment of minimum guarantees; (c)!ensure timely disbursement of payments to eligible beneficiaries; (d)!collaborate with other bodies or organisations within or outside Kenya as it may consider desirable or appropriate and in furtherance of the object and purpose of this Act; and (e)!monitor the impact and effectiveness of the minimum guarantee payments in achieving the objectives of this Act. Role of county governments. PART II – ESTABLISHMENT OF A COUNTY MINIMUM GUARANTEES COMMITTEE 5. (1) There is established a county agricultural produce minimum guarantees committee in each county. (2) The committee shall consist of the following members appointed by the county executive committee member— (a)!the county chief officer in charge of agriculture who shall be the chairperson; (b)!the county chief officer in charge of finance; Establishment of the committee.
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Page 6 The Agriculture Produce (Minimum Guaranteed Returns) Bill, 2025 242 (c)!the county chief officer in charge of…
The Agriculture Produce (Minimum Guaranteed Returns) Bill, 2025 242 (c)!the county chief officer in charge of trade; (d)!two persons, of opposite gender, representing agriculture producer associations registered in the county; and (e)!two persons, of opposite gender, representing unregistered agriculture producers. (3) The appointment of persons in subsection (2)(e) shall be by a notice in the Gazette following a competitive process. (4) A persons appointed under subsection 2(d) and (e) shall hold office for a term of three years, renewable for one further term. (5) The members of the committee shall be paid allowances as the county executive committee member shall, in consultation with the Salaries and Remuneration Commission, determine. 6. The committee shall conduct its meetings in accordance with the procedure set out in the Schedule. Meetings of the committee. 7. The committee shall— (a)!having regard to the dominant crops in the county prepare and publish a schedule of the dominant crops and livestock produce eligible for minimum guaranteed returns; (b)!determine and recommend the average market price of a product and the comprehensive cost in accordance with section 12; (c)!review, from time to time, the average market price of a product and the comprehensive cost; (d)!determine the minimum and maximum acreage under which beneficiaries are eligible for minimum guaranteed returns under this Act; (e)!collaborate with the county executive committee member in charge of finance to— (i)! assess the fiscal sustainability of proposed minimum guaranteed returns; (ii)! integrate the funding requirements into the county budget planning cycle; Functions of the committee.
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Page 7 The Agriculture Produce (Minimum Guaranteed Returns) Bill, 2025 243 (iii)! ensure timely release and disburse…
The Agriculture Produce (Minimum Guaranteed Returns) Bill, 2025 243 (iii)! ensure timely release and disbursement of funds allocated for minimum guaranteed returns; and (iv)! develop annual financial reports in accordance with the Public Finance Management Act; (f)! carry out registration of beneficiaries under this Act; and (g)!approve payment of minimum guaranteed returns by the county government. 8. (1) The office of a member of the committee appointed under section 5(2)(d) and (e) shall become vacant if the member— (a)!is adjudged bankrupt; (b)!is convicted of a criminal offence and sentenced to a term of imprisonment of not less than six months; (c)!is convicted of an offence involving fraud or dishonesty; (d)!is absent, without reasonable cause, from three consecutive meetings of the committee; (e)!resigns in writing addressed to the county executive committee member; (f)! is removed from office by the county executive committee member on account of— (i)! inability to perform the functions of their office by reason of mental or physical infirmity; (ii)! failing to declare their interest in a matter being considered by the committee; or (g)!dies. (2) Before the removal of a member under subsection (1) (f), the county executive committee member shall request the committee to give a statement on whether or not the member should be removed from office. Vacancy.
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Page 8 The Agriculture Produce (Minimum Guaranteed Returns) Bill, 2025 244 9. (1) A member of the committee who has …
The Agriculture Produce (Minimum Guaranteed Returns) Bill, 2025 244 9. (1) A member of the committee who has an interest in a matter for consideration by the committee shall disclose, in writing, the nature of that interest and shall not participate in the deliberations in respect of that matter. (2) A member of the committee who fails to disclose interest in a matter in accordance with subsection (1) shall cease to be a member of the committee. Disclosure of interest. 10. (1) The county executive committee member shall designate an administrative unit within the department responsible for matters relating to agriculture to serve as the secretariat to the committee. (2) The secretariat shall consist of— (a)!a director who shall be competitively recruited by the county public service board and appointed by the county executive committee member; and (b)!other public officers as the county executive committee member shall, in consultation with the committee, designate for the proper performance of the functions of the secretariat under this Act. (3) The director and persons designated under subsection (2)(b) shall possess knowledge and experience in matters relating to the agriculture industry as the county executive committee member shall, in consultation with the committee, determine. Secretariat. 11. The functions of the Secretariat shall be to— (a)!provide technical and administrative services to the committee; (b)!implement the decisions, strategies, programmes and policies of the committee; (c)!collate and analyse market data, production costs and other relevant economic indicators that may be necessary for the determination of accurate minimum guaranteed returns; (d)!carry out research on pricing trends, input costs, income trends and profitability with respect to
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Page 8 agriculture activities in the respective counties; (e)!make recommendations to the committee on the formulati…
agriculture activities in the respective counties; (e)!make recommendations to the committee on the formulation and implementation of programmes Functions of the secretariat.