There was a new ray of hope in the Citizens of the Republic of Kenya when the Constitution of Kenya, was promulgated on the 27 the day of August 2010. It brought with it a new system of governance, different from the Independent Constitution of 1963 that was ratified in Lancaster, England.
As envisaged under the Constitution, there is a new system of governance best described as a hybrid of the parliamentary and presidential systems of governance. The Constitution 2010 is arguably one of the most progressive Constitutions in the world. However, critics have interpreted it as one that does not have autochthon. Hence it is difficult to implement. Article 176 establishes the county assembly and a County Executive for each County. The role of the County Executive is summed as the implementing organ of the County Government. The County Assembly is established as a check and balance of this executive power. The County Assembly exercises its powers through sittings of the Assembly and Committees set under the respective County Assembly Standing Orders. The executive authority is vested and exercised by the respective County Executive Committee(s).
The County Assemblies are headed by the Speaker with the Clerk as the Chief Administrative Officer or Accounting Officer. Section 12 of the County Government Act, 2012 establishes the County Assembly Service Boards which are body corporates with perpetual succession and a common seal. The Board exercises powers to hold property; and to sue and be sued as a body corporate. The Assembly consists of a membership of the Speaker, elected members from the various wards in the county, and special elect (nominated) members. The County executive has the governor and deputy governor as chief executive and deputy chief executive respectively and they are assisted by the county executive committee members appointed by the governor with the approval of the county assembly.
The County Assembly Members are assisted in the discharge of their functions of legislation, oversight, and representation as envisaged under Article 185 by staff employed by the County Assembly Service Board. The County executive implements National and County legislation to the extent required of them; manages and coordinates the functions of the county administration and its departments; prepares the budget and expenditure of the county government; and prepares county development plans. In the exercise of its functions, the County Executive committee is assisted by staff employed by the County Public Service Board. Amongst others, The Constitution of Kenya 2010; the County Governments Act, 2012; the County Assembly Services Act, 2017; The Public Finance Management Act and Regulations; and the County Assembly Standing Orders are the major pieces of Legislation that guide the officers from the County Assembly Services Board and the County Public Service Board in ensuring the proper and efficient implementation of functions of the County Assembly and the County Executive contemplated under Article 185 and 183 respectively.
