table of content page - homa bay county assembly

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TABLE OF CONTENT PAGE

1.0 PREFACE……………………………………………………………………… 3

1.1. Committee mandate……………………….…….………..…. 3

1.2. Committee membership………………………………...….. 4

1.3. Acknowledgement…………………………………………….. 5

1.4. Adoption of the committee report …………………… 6

1.5. Committee meetings……………………………………….... 7

2.0 BACKGROUND…………………………………………………..........… 8

2.1. Underpinning Legal Framework for the Homa Bay

County Assembly Standing Orders………………………………. 8

3.0 COMMITTEE FINDINGS AND RECOMMENDATIONS…….… 9-51

4.0 CONCLUSION………………………………………………………...…….. 52

5.0 PRAYER…………………………………………………………………….…… 53

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1.0 PREFACE

1.1. COMMITTEE MANDATE

The County Assembly Procedure and Rules Committee is mandated to-

(a) Consider and report on all matters relating to these Standing Orders.

(b) Propose amendments to these Standing Orders and any such

Amendments which shall upon approval by the County Assembly; take

effect at the time appointed by the County Assembly.

(c) Propose rules for the orderly and effective conduct of committee business

and any such rules, which shall upon approval by the County Assembly,

continue in force until amended or repealed by the County Assembly.

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1.2 MEMBERSHIP OF THE COMMITTEE

The County Assembly Procedure and Rules Committee as currently

constituted comprises of the following members;

NO NAME DESIGNATION

1 HON. ELIZABETH AYOO CHAIRPERSON

2 HON. EVANCE MARIEBA VICE-CHAIRPERSON

3 HON. PETER KAULA MEMBER

4 HON. KENNETH ORANGA MEMBER

5 HON. LORNA OWINO MEMBER

6 HON.JOASH ACHIENG MEMBER

COMMITTEE SECRETARIAT

NO NAME DESIGNATION

1. MR. OTIENO BOB KEPHAS ASSEMBLY CLERK

2. MR STEPHEN OJAKO PRINCIPAL CLERK

3. MS LINA AKOTH SNR. LEGAL OFFICER

4. MR THOMAS OPERE CLERK ASSISTANT

5. MS CAROLINE MILEWA SECRETARY

6. MR. HENRY KOJA SERGEANT - AT- ARMS

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1.5 COMMITTEE MEETINGS

The committee held its first sitting to deliberate on the draft county

assembly standing orders on 31st May, 2018 and held several other meetings

for further deliberations, the final one being on 7th August, 2018 where the

report was compiled and adopted ready for tabling.

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2.0 BACKGROUND

The current standing orders in useby the County Assembly of Homa Bay is

interim having been drafted by the Transitional Authority. While it addresses

a majority of concerns of the County assembly’s way of conducting business,

it fails in some instances to capture circumstances that are unique to the

County Assembly of Homa Bay. It is on this premise that the committee

resolved to study and analyze the interim Standing Orders with a view of

recommending appropriate amendments thereto which shall address the

unique circumstances of the County Assembly of Homa Bay.

2.1 UNDERPINNING LEGAL FRAMEWORK FOR THE HOMA BAY

COUNTY ASSEMBLY STANDING ORDERS

(a) The County Governments Act, 2012

Section 14 of the County Governments Act, 2012 provides;

“The Standing Orders shall provide for the matters specified in the

Second Schedule of the Act. These Standing Orders comply with this

prerequisite.”

(b) The County Assembly Standing Orders

Standing Orders236 provides;

“At least once in every term of County Assembly, not later than six

months to the end of the term, the County Assembly Procedure and

Rules Committee shall review the Standing Orders and make a report

to the County Assembly recommending the Standing Orders, if any, to

be amended.”

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3.0 COMMITTEE FINDINGS AND RECOMMENDATIONS

This section analyses the twenty three (23) parts of the Standing Orders, detailing the

Committee findings and recommendations.

3.1. PART 1-INTRODUCTORY

3.1.1 FINDINGS

(a) STANDING ORDER 2-INTERPRETATION

(i) The standing order ought to provide for the meaning of the word “Mace” for

purposes of clarity.

(ii) The standing Order ought to provide for the proper meaning of the terms Majority

whip and minority whip. They are not designated by the Leader of Majority Party and

the Leader of Minority Party respectively but are elected by the party majorities.

3.1.2. RECOMMENDATIONS

(a) STANDING ORDER 2-INTERPRETATION

(i) Standing order No. 2 be amended by inserting the following new paragraph;

“2A. The Mace of the Assembly embodies the authority of the Speaker and the

House and shall be kept in safe custody by the Sergeant-at-Arms.”

(ii) The Standing order should be amended in its definition of the majority and minority

whip. It should state;

“Majority Whip” means the Member elected as the Majority Whip under these

standing Orders;

“Minority Whip” means the Member designated a s the Minority Whip under

these standing Orders

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3.2. PART II - SWEARING-IN OF MEMBERS AND ELECTION OF SPEAKER

3.2.1 FINDINGS

(a) STANDING ORDER 3-PROCEEDINGS ON ASSEMBLY OF A NEW ASSEMBLY

(I)FIRST SITTING OF A NEW ASSEMBLY

Standing Order 3(1) provides;

“Whenever a new County Assembly is elected, the Governor, by notice in the

Gazette and the County Gazette, shall appoint the place and date of the f irst

sitting of the new County Assembly, which date shall not be later than fourteen

days after the election.”

The first sitting of a new County Assembly must be subject to the provisions of section

7A of the County Governments Act 2012 which states;

“7A. (1)A County Assembly shall not be fully and duly consti tuted for the f irst

sitting after the general e lect ion unless a ll the members provided for under

paragraphs (b) and (c) of A rticle 177(1) of the Consti tution have been duly

nominated and their names published in the Gazette.

(2)Subsection (1) shall not apply where the nominat ion of a member of the

County Assembly under paragraphs (b) and (c) of Article 177(1) of the

Constitution is the subject of a court order stopping or otherwise pending the

nomination of the member.

(3)Despite subsection (1), a county assembly shall be deemed to be fully and dully

constituted for the first sitting notwithstanding the death, on or before the date of

the first sitting of the county assembly, of a member nominated under paragraph

(b) and (c) of Article 177(1) of the Constitution of Kenya.”

(II) COMMITMENT TO THE LEADERSHIP AND INTEGRITY CODE

The members of the County Assembly must commit to the Leadership and Integrity Code

for State Officers in the County Assembly of Homa Bay at the time of taking the oath of

office in line with section 37 of the Leadership and Integrity Act and section 5(1) of the

Leadership and Integrity Code for State Officers in the County Assembly of Homa Bay

published in Kenya Gazzette Notice No. 5888 dated 29th July 2016.

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(b)STANDING ODER 6-SECRET BALLOT

Standing Order No. 6 ought to include the power of the Clerk to declare a vote invalid

in the presence of and after the inspection of such vote by the Members representing

each of the candidates in the election. This will ensure transparency in the election

process.

The declaration of a vote as invalid by the clerk should be in the presence of and after

inspection by the Members representing each of the candidates in the election.

(c) STANDING ODER 12- SWEARING-IN OF THE SPEAKER

The Speaker ought to comply with the requirements imposed under the Leadership and

Integrity Code for State Officers serving in the County Assembly of Homa Bay set out in

the first schedule of the code upon taking the oath of office.


(a) STANDING ORDER 3-PROCEEDINGS ON ASSEMBLY OF A NEW ASSEMBLY

(i)First sitting of a new assembly

Standing Order No. 3(1) should be amended subject to the provisions of Article 117(1) of

the Constitution of Kenya and the section 7A of the County Government 2012. The

amendment should provide;

“3. (1) whenever a new Assembly i s elected, the Governor, by not ice in the

Gazette, shall appoint the place and date of the first sitting of the new A ssembly

subject to the provisions of Standing Order 3(2)

(2) The Governor shall appoint the f irst s itt ing of the Assembly a fter general

election, within fourteen days, of the publication of the names of all the members

provided for under paragraphs (b) and (c) of Article 177(1) of the Constitution in

the Gazette.”

(II) COMMITMENT TO THE LEADERSHIP AND INTEGRITY CODE

Upon taking oath of office, the MCAs must comply with the provisions of section 37 of

the Leadership and Integrity Act and section 5(1) of the Leadership and Integrity Code for

State Officers in the County Assembly of Homa Bay published in Kenya Gazzette Notice

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No. 5888 dated 29th

July 2016. In light of this, a new paragraph should be included

stating;

“A Member of the Assembly shall comply with the requirements imposed under

the General Leadership and Integrity Code for State Officers serving in the County

Assembly of Homa Bay set out in Part II o f the Leadership and Integrity Act,

2012the first schedule of the code upon taking the oath of office.”

(b)STANDING ODER 6-SECRET BALLOT

Standing Order 6 should provide the power of the clerk to declare a ballot paper or vote

as invalid and the process of this declaration. It should state;

“(7) A ballot paper or vote is spoilt if, in the Clerk’s opinion, it does not identify

the candidate purported to be selected by the Member voting.

(8) The Clerk shall declare a vote or ballot paper invalid under paragraph (7) in

the presence of and after inspection by the Members representing each o f the

candidates in the election.”

(c) STANDING ODER 12- SWEARING OF THE SPEAKER

The Speaker ought to comply with the requirements imposed under the Leadership and

Integrity Code for State Officers serving in the County Assembly of Homa Bay set out in

the first schedule of the code upon taking the oath of office. Standing Order 12 should

provide;

“12.(1)…

(2)The Speaker shall comply with the requirements imposed under the Leadership

and Integrity Code for State Officers serving in the County Assembly of Homa Bay

set out in the first schedule of the code upon taking the oath of office.”

3.3. PART III – CHAIRPERSON OF COMMITTEES

3.3.1. FINDINGS

(a) STANDING ORDER 14-CHAIRPERSON OF COMMITTEES OF THE WHOLE

COUNTY ASSEMBLY

(i)Standing Order 14 (1) provides that;

“(1) As soon as practicable after the election of a Speaker following a General

Election, the assembly chairperson of committees shall be elected.”

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The provision does not make a cross reference to Article 178(2) (b) of the Constitution of

Kenya 2010 which states that a sitting of the County Assembly shall be presided over by

in the absence of the Speaker, another member of the Assembly elected by the Assembly.

(ii)Standing Order 14 (4) provides that:

“(4) The procedure for electing a C hairperson o f Committees shall, wi th

necessary modifications, be the same as that prescribed for the election of the

Speaker.”

The standing order must make provisions that provided that the member who gathers

the majority of votes of all members of the assembly shall be declared to have been

elected.

(b)ESTABLISHMENT OF THE SPEAKER’S PANEL

The Standing Order needs to provide for the creation of the Speaker’s panel, procedure

of nomination and appointment.

(c) DISCHARGE OF A MEMBER FROM SPEAKER’S PANEL

The provision needs to provide for the procedure of discharge of a Member from

Speaker’s Panel.


(a) STANDING ORDER 14-CHAIRPERSON OF COMMITTEES OF THE WHOLE

COUNTY ASSEMBLY

(i)Standing Order 14(1) ought to make a cross reference to Article 178(2)(b) of the

Constitution of Kenya 2010 which states that a sitting of the County Assembly shall be

presided over by in the absence of the Speaker, another member of the Assembly elected

by the Assembly. Standing Order 14(1) should be amended to state;

“14. (1) As soon as practicable after the election of a Speaker following a General

Election, the assembly shall elect the member contemplated in Article 178 ( 2) ( b)

who shall be, for purposes of this standing orders, referred to as Chairperson of

Committees.”

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(ii) Standing Order 14 (4) should be amended to state;

“(4) The procedure for electing a Chairperson of Committees shall, with necessary

modifications, be the same as that prescribed for the e lection of the Speaker,

provided that, the member who gathers the majority of votes of all members of

the assembly shall be declared to have been elected.”

(c)ESTABLISHMENT OF THE SPEAKER’S PANEL

The Standing Order should provide for the creation of the Speaker’s panel, procedure of

nomination and appointment. The provision should state;

“14A. (1) There shall be a panel to be known as the Speaker’s Panel which shall

comprise of four Members who shall be known respectively as the First, S econd,

Third and Fourth Member of the Speakers Panel, and who shall be entitled to

exercise all the powers vested in the Chairperson of Committees.

(2) As soon as practicable, after the election of the Chairperson of C ommittees

following a general election, the speaker shall, in consultation with the leaders o f

Assembly parties, submit a list of four members for consideration by the House

Business Committee.

(3) The House Business Committee shall, within seven days o f receipt o f the

names of the nominees, table the list in the House and give notice of Motion for

approval of the names.

(4) Whenever a Motion for approval of names under paragraph ( 3) i s

moved in the House, no objection against the proposed membership on the

Speaker’s Panel of any particular Member shall be permitted and object ions, i f

any, shall be formulated and considered against the proposed membership a s a

whole.

(5) In nominating members to the Speaker’s Panel, the Speaker and the House

Business Committee shall have regard to the relative party majorities taking into

consideration the interests of Independents in the House and shall ensure that

either gender is represented in the Panel.

(6) The approval of the First, Second, Third and Fourth Member of the Speakers

Panel under this Standing Order shall be deemed to const itute an election for

purposes of Article 178(2) of the Constitution and either the First, S econd, Third

or Fourth Member of the Speakers Panel m ay preside over the House in the

absence of the Speaker and the Chairperson of Committees.”

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(d) DISCHARGE OF A MEMBER FROM SPEAKER’S PANEL

The provision should provide for the procedure of discharge of a Member from

Speaker’s Panel. The provision should state;

“14D (1) The Speaker may, in writing, to the House Business Committee g ive

notice that a member is to be discharged from the Panel.

(2) Within seven days of receipt by the House Business Committee of a notice

under paragraph (1), the House Business Committee shall consider the notice and

designate a member to give a Notice of Motion to replace the Member.

(3) The discharge of a Member of the Panel shall not take effect until the House

has approved the Motion for replacement under paragraph (2).”

3.4 PART IV - THE LEADER OF THE MAJORITY PARTY AND THE LEADER OF THE

MINORITY PARTY

3.4.1 FINDINGS

(a)Standing Order 15(1)-Leader of the majority party


“15. (1) The largest party or coalition of parties in the County Assembly shall elect

a member of the County Assembly belonging to the party or coalition of parties

to be the Leader of the Majority Party.”

This provision ought to apply to the election of the deputy leader of majority party.

(b)Standing Order 16(1)-Leader of the Minority Party


“16. (1) The Minority party or coalition of parties in the County Assembly shall

elect a member of the County Assembly belonging to the party or coalit ion o f

parties to be the Leader of the Minority Party.”

This provision ought to apply to the election of the deputy leader of minority party.

(c)Majority Whip and Deputy

There is need of the provision of this Standing Order to show the function of the

Majority chief whip and his or her deputy.

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(d) Minority Whip and Deputy


Minority chief whip and his or her deputy.


(a)Standing Order 15(1)-Leader of the majority party


“(1) The largest party or coalition of parties in the County Assembly shal l elect a

member of the County Assembly belonging to the party or coalition of parties to

be the Leader of the Majority Party.”

This provision ought to apply to the election of the deputy leader of majority party as

such the provisions amended to state;

“15. (1) The l argest party or coalit ion o f part ies in the House shall e lect a

Member of the Assembly belonging to the party or coalition of part ies t o be the

Leader of the Majority Party and another Member to be his or her Deputy.”

(b)Standing Order 16(1)-Leader of the Minority Party


“(1) The Minority party or coalition of parties in the County Assembly shall elect a

member of the County Assembly belonging to the party or coalition of parties to

be the Leader of the Minority Party.”

This provision ought to apply to the election of the deputy leader of minority party as

such the provisions amended to state;

“16. (1) The Minority Party or coalition of parties in the House shal l elect a

Member of the Assembly belonging to the party or coalition of part ies to be the

Leader of the Minority Party and another Member to be his or her Deputy.”

(c)Majority Whip and Deputy


Majority chief whip and his or her deputy. The Standing Order should provide;

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16A. (1) The majority party or coalition of parties in the Assembly shall elect -

(a) member of the Assembly belonging to the party or coalition of parties in the

House to be the Majority Party Chief Whip; and

(b) member of the Assembly belonging to the party or coalition of parties in the

House to be the deputy Majority Party Chief Whip.

(2) In electing the members under paragraph (1) the majority party or coalition of

parties shall take into account existing coalition agreements entered to pursuant to

the Political Parties Act and the need for gender balance in the dist ribut ion o f

party offices in the Assembly.

(3) A member elected under paragraph ( 1) may be removed by a majority of

votes of all members of the majority party or coalition of parties in the Assembly.

(4) the Leader of Majority party shall in writing notify the Speaker of the decis i on

of the party or coalition of parties removing a member f rom the office of the

Majority Party or coalition Chief Whip.

(5) The removal of a member from the position under paragraph (3) shall not

take effect until a member is elected in the manner provided for under paragraph

(1) and the Speaker a s communicated to the Assembly, the r emoval of the

member and election of another member to the position.

(6) The majority party or coalition whip shall be responsible for mobilizing the

party members for participation in the proceedings of the Assembly, its

committees and party meetings.

(d) Minority Whip and Deputy


Minority chief whip and his or her deputy. The Standing Order should provide;

“16B. (1) The minority party or coalition of parties in the Assembly shall elect-

(a)member of the Assembly belonging to the party or coalition of parties in the

House to be the Minority Party Chief Whip; and

(b) member of the Assembly belonging to the party or coalition of parties in the

House to be the deputy Minority Party Chief Whip.

(2) In electing the members under paragraph (1) the minority party or coalition of

parties shall take into account existing coalition agreements entered to pursuant to

the Political Parties Act and the need for gender balance in the dist ribut ion o f

party offices in the Assembly.

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(3) A member elected under paragraph ( 1) may be removed by a majority of

votes of all members of the minority party or coalition of parties in the Assembly.

(4) the Leader of Minority party shall in writing notify the Speaker of the decision

of the party or coalition of parties removing a member f rom the office of the

Majority Party or coalition Chief Whip.

(5) The removal of a member from the position under paragraph (3) shall not

take effect until a member is elected in the manner provided for under paragraph

(1) and the Speaker a s communicated to the Assembly, the r emoval of the

member and election of another member to the position.

(6) The minority party or coalition whip shall be responsible for mobilizing the

party members for participation in the proceeding s of the Assembly, its

committees and party meetings.”

3.5. PART V – ADDRESS BY GOVERNOR, SENATOR AND VISITING DIGNITARY

3.5.1. FINDINGS

(a) Standing Order 18(2) Governor’s address on Special Sitting provides that;

“(2) The Speaker shall notify the Members of the place, date and time of a s i tting

under paragraph (1).”

This notification must be vide a Gazette Notice.

(b) Designation of a place in the Chamber for CECs and other persons

The Standing order should provide for the designation a place in the Chamber for

CECMs and other persons. For instance, when the Member of the County Executive

Committee responsible for finance is to make a public pronouncement of the budget

policy highlights and revenue raising measures for the county government as

contemplated under the Public Finance Management Act, 2012.

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3.5.2 RECOMMENDATIONS

(a) Standing Order 18(2) Governor’s address on Special Sitting

The notification referred to must be vide a Gazette Notice. As such Standing Order 18(2)

should be amended to provide;

“(2) The Speaker shall notify the Members of the place, date and time of a s i tting

under paragraph (1) through a Gazette Notice.”

(b)Designation of a place in the Chamber for CECs and other persons

The Standing order should provide for the designation a place in the Chamber for

CECMs and other persons. The standing Order should provide;

“23A. The Speaker may designate a suitable place in the Chamber or at the bar of

the House for —

(a) the Member of the County Executive Committee r esponsible for finance to

make a public pronouncement of the budget policy highlights and revenue raising

measures for the county government as contemplated under the Public Finance

Management Act;

(b) other persons to make submissions or presentations before the House.”

3.6 PART VI - PRESIDING, CALENDAR, SITTINGS AND ADJOURNMENTS

3.6.1. FINDINGS

(a) STANDING ORDER 26-SPECIAL SITTINGS OF THE ASSEMBLY

The provision should allow Members of the House to convene a special sitting of the

House as long they have written a letter to the Speaker and their names and signatures

appended to the letter requesting for the House to be convened.

There is need for this provision to enable the Speaker to give a go ahead on matters that

will benefit the house or according to its urgency.


(a) STANDING ORDER 26-SPECIAL SITTINGS OF THE ASSEMBLY

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The members of the county assembly should be at liberty to call for a special sitting. In

light of this, Standing Order 26 should be amended to include the following new

paragraphs.

“(2) A special sitting of the House may also be convened if any group of Members

not being less than one half of the total membership of the House address a letter

to the Speaker with their names and signatures appended to the letter request ing

that the House be convened while it is on recess.

(3) The Speaker may allow a request under paragraph (1) or (2) if the Speaker is

satisfied that the business proposed to be transacted relates to any urgent and

exceptional business as the Speaker may allow.”

3.7. PART VIII - ORDER OF BUSINESS

3.7.1 FINDINGS

(a)STANDING ORDER NO. 37-SEQUENCE OF PROCEEDINGS

Standing Order No. 37(3) provides

“(3) On Wednesday morning, a Bill or a motion not sponsored by the Majority

or Minority Party or a member belonging to the Majority or Minority Party or by

a Committee, shall have precedence over all other business in such o rder a s the

County Assembly Business Committee shall ballot.”

This provision limits the business of the county assembly


(a)STANDING ORDER NO. 37-SEQUENCE OF PROCEEDINGS

Standing Order No. 37(3) limits the business of the House and it should be deleted.

3.8. PART XI – APPROVAL OF PUBLIC APPOINTMENTS

3.8.1. FINDINGS

(a)STANDING ORDER NO.42- COMMITTAL TO COMMITTEES

The provisions of this part of the Standing Orders are not as extensive as envisioned on

The Public Appointments (County Assemblies Approval) Act, 2017.

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(a)STANDING ORDER NO.42- COMMITTAL TO COMMITTEES

The entire part should be deleted and replaced therefore with the following provisions.

“Notification of nomination

(1) An appointing authority shall, upon nominating a person for an appointment

to which this part applies, notify the County Assembly accordingly.

(2) An appointing authority shall, in issuing a notice under subsection (1), notify

the members of the public on the proposed nomination through such media and

platforms established under section 91 of the County Governments Act as it

considers appropriate.

(3) A notification under paragraph (1) shall be—

(a) in writing;

(b) lodged with the Clerk of the County Assembly.

(4) A notification of nomination shall be accompanied by information concerning

the nominee, having regard to the issues specified under Standing Order 42.

(5) For the purposes of this part, a notification of nomination shall be deemed to

be duly given on the day on which it complies fully with paragraph (3) and (4).

Approval hearing

(1) Following the receipt of the notification of nomination under section 6(3)(b),

the Speaker shall report the receipt of the notification to the County Assembly,

following which the notification shall be committed to the relevant committee of

the Assembly.

(2) Subject to subsection (3), the chair of the committee shall determine the time

and place for the holding of the approval hearing which shall not be later than

fourteen days from the date of the committal of the notification to the committee.

(3) The approval hearings shall be held in a public place and shall be conducted

during working hours.

(4) The Clerk shall notify a candidate of the time and place for the holding of an

approval hearing by notice in at least two newspapers of national circulation and

by writing and such other form of communication as the Clerk shall consider

appropriate

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(5) The committee shall, by notice in at least one newspaper of national

circulation, notify the public of the time and place for holding an approval

hearing at least seven days prior to the hearing.

(6) Subject to this Act, all committee proceedings on public appointments shall be

open and transparent.

(7) Despite subsection (6), a committee may, on its own motion or on the

application of a candidate or any other concerned person, determine that the

whole or part of its sittings shall be held in camera.

(8) An approval hearing shall focus on a candidate’s academic credentials,

professional training and experience, personal integrity and background.

(9) The criteria specified in the First Schedule and the assessment form specified in

the Second Schedule of The Public Appointments (County Assemblies Approval)

Act, 2017 shall be used by a committee during an approval hearing for the

purposes of vetting a candidate.

(10) Any person may, prior to the approval hearing, and by written statement on

oath, provide the Clerk with evidence contesting the suitability of a candidate to

hold the office to which the candidate has been nominated.

(11) A candidate shall have a right to be heard on any statement or evidence

submitted to the Clerk contesting the suitability of the candidate to hold the office

to which the candidate has been nominated.

(12) A candidate may, at any time, by notice in writing addressed to the Clerk,

withdraw from the approval process and the candidate’s nomination shall

thereupon lapse.

Issues for consideration

The issues for consideration by the County Assembly in relation to any

nomination shall be—

(a) the procedure used to arrive at the nominee including the criteria for the short

listing of the nominees;

(b) any constitutional or statutory requirements relating to the office in question;

and

(c) the suitability of the nominee for the appointment proposed having regard to

whether the nominee’s credentials, abilities, experience and qualities meet the

needs of the body to which the nomination is being made.

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Period for consideration and report

(1) Unless otherwise provided in any law, a committee shall consider a

nomination and table its report in the County Assembly for debate and decision

within twenty-one sitting days from the date on which the committee first sits to

consider the nomination.

(2) At the conclusion of an approval hearing, the committee shall prepare its

report on the suitability of the candidate to be appointed to the office to which

the candidate has been nominated and shall include in the report such

recommendations as the Committee may consider necessary, including a

recommendation on whether or not the nominee should be approved for

appointment to public office.

Rejection of nomination

(1) Where the nomination of a candidate is rejected by a County Assembly, the

appointing authority shall submit to the County Assembly the name of another

candidate, and the procedure for approval specified in this part shall apply

accordingly.

(2) A nominating authority shall not resubmit the name of a candidate whose

nomination has been rejected by the County Assembly unless the circumstances

relied on for the rejection of the appointment of the candidate did not exist or

ceased to exist at the time of rejecting the nomination of the candidate.

Notification of decision

(1) The Clerk shall notify the appointing authority of the decision of the County

Assembly within fourteen days of the decision.

(2) The appointing authority shall, upon the approval of the nominees for

appointment by the County Assembly and subject to the applicable written law,

appoint the nominee within a period of seven days from the date of notification

of the decision of the Assembly under subsection (1).”

3.9 PART XII – MOTIONS

3.9.1. FINDINGS

(a) STANDING ORDER 44-NOTICES OF MOTIONS

Standing Order 44(3) (f) provides;

“(3) If the Speaker is of the opinion that any proposed Motion –

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“(a)…

.

.

.

(f) calls for the commitment of public funds for which no provision is made

in the Annual Estimates as adopted by the House, the Speaker m ay direct

either that the Motion is inadmissible, or that notice of it cannot be g iven

without such alteration as the Speaker may approve or that the Motion be

referred to the relevant Committee of the House, pursuant to Article 114

(2) of the Constitution.”

The provision ought to make a cross reference to Section 21(3) of the County

Government Act, 2012 that gives direction if either the Motion is inadmissible, or that

the notice of it cannot be given without such alteration as the Speaker may approve or

that the Motion be referred to the relevant Committee of the House.

(b) Definition of Special Motion

The provision needs to provide for a proper definition of a special motion and its

functions and when it can be moved or considered to be disposed by the House.


(a) STANDING ORDER 44-NOTICES OF MOTIONS

Standing Order 44(3) (f) should make proper cross reference to Section 21(3) of the

County Government Act, 2012. It should state;

(3) If the Speaker is of the opinion that any proposed Motion –

“(a)…

.

.

.

(f) calls for the commitment of public funds for which no provision is made

in the Annual Estimates as adopted by the House, the Speaker m ay direct

either that the Motion is inadmissible, or that notice of it cannot be g iven

without such alteration as the Speaker may approve or that the Motion be

referred to the relevant Committee of the House, pursuant to Section 21(3)

of the County Governments Act 2012.”

25

(b) Definition of Special Motion

The provision needs to provide for a proper definition of a special motion and its

functions and when it can be moved or considered to be disposed by the House. It

should provide;

“Definition of Special Motion

(1) For purposes of this Part, a Special Motion is one-

(a) that seeks a resolution of the House to approve an appointment in accordance

with Part XI (Approval of Public Appointments); or

(b) moved pursuant to any of the following Articles of the Constitution and/or

sections of the County Governments Act -

(i) Article 178 read together with section 11 of the County Governments

Act;

(ii) Article 181 read together with section 33 of the County Governments

Act;

(iii) Section 40 of the County Governments Act; and

(iv) Section 58 (5) of the County Governments Act.

(2) Unless the Constitution, any written law or these Standing Orders

specify a lesser or further period, a Special Motion shall be-

(a) disposed of by the Speaker in accordance with Standing Order 52

(Manner of debating Motions) within seven days of receipt of notice by a

Member under paragraph (2); and

(b) disposed of by the House within fourteen calendar days upon the notice

under Standing Order 46, (Notices of Motion) and if not, such Motion shall be

deemed to have been withdrawn and shall not be moved again in the same

Session, except with the consent of the Speaker.

Instances where the Constitution or written law requires a fixed majority

(1) In every instance where the Constitution or any written law lays down that a

fixed majority number of Members is necessary to support the moving of, or to

decide any question on a Motion, any amendment Motion shall not be passed

unless supported by the fixed number of Members required to pass the original

Motion.

26

(2) Notwithstanding paragraph (1), whenever a Bill or a special Motion

the passage of which requires a special majority in the Assembly fails to obtain the

required majority of the Ayes but the Nays have not numbered at least one third

of all the Members of the Assembly, the Speaker may direct that a further vote be

taken on the particular question, and the further vote shall be taken within five

sitting days from the first day the first vote was taken.

(3) If the Speaker does not so direct any further vote, or if on such

further vote the fixed majority is not obtained, the Speaker shall declare that the

Motion is negative.”

3.10. PART XIII- PROCEDURE FOR REMOVAL FROM OFFICE

3.10.1. FINDINGS

(a)STANDING ORDER 58-PROCEDURE FOR REMOVAL OF THE SPEAKER

There is need for this provision so as to expound further on measures and steps that

should be taken for removal of the Speaker and the rights that the Speaker has during this

entire period.

(b) PROCEDURE FOR REMOVAL OF THE CHAIRPERSON OF COMMITTEES

The provision needs for the inclusion of the procedure of removal of the Chairperson of

Committee.

(c) RESIGNATION OF SPEAKER AND CHAIRPERSON OF COMMITTEE

The Standing order should provide for the resignation of the Speaker and the

Chairperson of Committees

(d) STANDING ORDER 59-PROCEDURE FOR REMOVAL OF THE GOVERNOR ON

GROUNDS OF INCAPACITY

There is need for this provision to expound further on measures, steps and procedures

that should be taken for removal of the Governor on grounds of incapacity.

(e)STANDING ORDER 60-PROCEDURE FOR REMOVAL OF GOVERNOR BY

IMPEACHMENT

There is need of this provision so as to expound further on steps and procedures that

should be taken for removal of the Governor by impeachment.

27

(f) STANDING ORDER 62- PROCEDURE FOR REMOVAL OF MEMBER OF THE

COUNTY EXECUTIVE COMMITTEE

(i) The Oder paper ought to contain the grounds for the removal, the member

sponsoring the motion and the names of the members in support of the motion.

(ii) The standing order should provide for the action to be taken by the County Assembly

subsequent to the Committee finding the allegations substantiated.

(g) PROCEDURE FOR THE REMOVAL FROM OFFICE THE MEMBERS OF THE

COUNTY ASSEMBLY SERVICE BOARD APPOINTED UNDER SECTION 12(3)(d) OF THE

CGA, 2012

Section 10(3) of the County Assembly Services Act provides that the procedure for the

removal of a member of the Board under this section shall be as prescribed in the

Standing Orders of the county assembly. As such this Standing Order must provide for

this procedure.


(a)STANDING ORDER 58-PROCEDURE FOR REMOVAL OF THE SPEAKER

For the sake of clarity this Standing Order should provide;

“(1) The Speaker may be removed f rom o ffice by the Assembly through a

resolution supported by not less than seventy five percent of all the Members of

the House.

(2) A notice of the intention to move a Motion for a r esolution to remove the

Speaker shall be given in writing to the Clerk of the Assembly, signed by at least

one third of all the Members of the Assembly stating the grounds for removal and

the Clerk shall submit the proposed Motion to the Speaker.

(3) A Motion for a resolution to remove the Speaker shall be presided over by a

Member of the House elected to act as Speaker as contemplated under Article 178

(2) (b) of the Constitution.

(4) A Member who has obtained the approval of the Speaker to move a Motion

under paragraph (1) shall give a seven (7) day notice calling for r emoval of the

speaker.

28

(5) Upon the expiry of seven (7) days, after not ice g iven, the Motion shall be

placed on the Order Paper and shall be disposed of within three days.

(6) When the Order for the Motion is read, the Speaker shall refuse to a llow the

Member to move the Motion, unless the Speaker is satisfied that the Member i s

supported by at least one third o f al l Members o f the A ssembly to mo ve the

Motion;

Provided that within the seven days’ notice, the Clerk shall cause to be prepared

and deposited in his or her office a list of all Members o f the A ssembly with an

open space against each name for purposes of appending s ignatures, which list

shall be entitled: SIGNATURES IN SUPPORT OF A MOTION FOR REMOVAL OF

THE SPEAKER; and further, that the Mover shall provide to the Speaker, a t least

one hour before the sitting of the Assembly, a list signed by Members in support

of the Motion.

(7) Any signature appended to the list as provided under paragraph (2) shall not

be withdrawn.

(8) When the Motion has been passed by at least half of a ll Members of the

Assembly, the Assembly shall, within seven (7) days, appoint a special Committee

comprising a third of the Members to investigate the matter; and shall, within ten

days, report to the Assembly whether it finds the allegations against the Speaker to

be substantiated.

(9) The speaker has the right to appear and be represented before the select

Committee during its investigations.

(10) No further proceedings shall be taken on the matter if the select Committee

finds the allegations unsubstantiated.

(11) If the select Committee reports that it finds the allegations substant iated, the

Assembly shall vote whether to approve the resolution to remove the Speaker.

(12) If a resolution to remove the Speaker is supported by not less than seventy

five percent of all the Members of the House, the speaker shall stand removed.

(13) Before the debate and voting on a Motion under paragraph (3), the Speaker

shall be accorded an opportunity to respond to the allegations on the Floor of the

House

(b) PROCEDURE FOR REMOVAL OF THE CHAIRPERSON OF COMMITTEES

The provision needs for the inclusion of the procedure of removal of the Chairperson of

Committee. The provision should state;

“The Standing Orders relating to r emoval of Speaker shall apply, with the

29

necessary modifications, to the removal of the Chairperson of Committees of the

whole Assembly provided that, the resolution for such removal i s supported by

not less than seventy five percent of all the Members of the House.”

(c) RESIGNATION OF SPEAKER AND CHAIRPERSON OF COMMITTEE

The Standing order should provide for the resignation of the Speaker and the

Chairperson of Committees. The provision should state;

“ (1) A Speaker or Chairperson of Committees who intends to resign from office

shall submit a letter of resignation addressed to the House.

(2) Upon receipt of a letter of resignation, the Clerk shall, without delay,—

( a ) in the c ase o f resignation by the Speaker, inform the Chairperson of

Committees; or

(b) in the case of resignation by the Chairperson of Committees, inform the

Speaker.

(3) The House shall be notified of a resignation under this Standing Order with in

seven days.”

(d) STANDING ORDER 58 -PROCEDURE FOR REMOVAL OF THE GOVERNOR ON

GROUNDS OF INCAPACITY

Standing Order 58 should include the following new provision for the procedure once a

member has obtained the approval of the Speaker.

“(3) A Member who has obtained the approval of the Speaker to move a Motion

under paragraph (1) shall give a seven (7) day notice calling for impeachment o f

the Governor.”

Further Standing Order No. 58 should provide for the following procedure;

“(7) When the Motion has been passed by at least half of a ll Members of the

Assembly, the Speaker shall, within seven (7) days, appoint a tribunal consisting of

–

(a) Three persons qualified to pract ice m edicine under the laws of Kenya

nominated by the body which by law is responsible for regulating the professional

practice of medicine;

(b) one advocate of the High court nominated by the body which by law i s

responsible for regulating the professional practice of advocates; and

(c) one person nominated by the Governor

30

(8) If the Speaker is unable to appoint a tribunal under paragraph (7), a Member

of the House elected to act as Speaker as contemplated under Article 178 ( 2) (b)

of the Constitution shall appoint such a tribunal.

(9) If the Governor is unable to nominate the person required to be nominated

under paragraph (7) (c), the person shall be nominated by––

(a) a member of the family of the Governor; or

(b) if no such member is willing or able to m ake the nominat ion, by a c lose

relative of the Governor.

(10) The tribunal shall inquire into the matter and, within fourteen days after the

appointment; report to the Speaker of the Assembly.

(11) The Speaker shall cause the report of the tribunal to be tabled before the

Assembly within seven days after receiving it.

(12) The report of the tribunal shall be final and not subject to appeal and i f the

tribunal reports that the Governor is capable of performing the funct ions of the

office, the Speaker of the Assembly shall so announce in the Assembly.

(13) If the tribunal reports that the Governor i s incapable of performing the

functions of the office, the Assembly shall vote on whether to ratify the report.

(14) When the Motion has been passed by two thirds o f al l Members o f the

Assembly, the Speaker shall inform the Speaker of the Senate o f that resolution

within two days.”

(e)STANDING ORDER 60 - PROCEDURE FOR REMOVAL OF GOVERNOR BY

IMPEACHMENT

There is need of this provision so as to expound further on steps and procedures that

should be taken for removal of the Governor by impeachment. The standing Order

should provide;

“(7) When the Motion has been passed by at least half of all Members of the

Assembly, the Assembly shall, within seven (7) days, appoint a special Committee

comprising a third of the Members to investigate the matter; and shall, within ten

days, report to the Assembly whether it finds the allegations against the Governor

to be substantiated.

(8) The Governor has the right to appear and be represented before the select

Committee during its investigations.

(9) No further proceedings shall be taken on the matter if the select Committee

finds the allegations unsubstantiated.

31

(10) If the select Committee reports that it finds the allegations substantiated, the

Assembly shall vote whether to approve the resolution to impeach the Governor.

(11) When the Motion has been passed by two-thirds of a ll Members of the

Assembly, the Speaker shall inform the Speaker of the Senate o f that resolution

within two days.”

(f) PROCEDURE FOR REMOVAL OF MEMBER OF THE COUNTY EXECUTIVE

COMMITTEE

There is the need of provision of this Standing Order to show the procedure and steps of

the removal of the County Executive Committee. The Order paper ought to contain the

grounds for the removal, the member sponsoring the motion and the names of the

members in support of the motion. In light of this, the Standing Orders should provide

“(4) An Order Paper on which the Motion under paragraph (1) is l isted shall set

out—

(a) the grounds and particulars upon which the proposed Motion is made;

(b) the name of the Member sponsoring the Motion; and

(c) the names of the Members in support of the Motion”

The standing order should provide for the action to be taken by the County Assembly

subsequent to the Committee finding the allegations substantiated. It should state;

“(10) If the select committee reports that it finds the allegations substantiated, the

Assembly shall—

(i) avail a member of the County Executive Committee with the report of the

select Committee, together with any other evidence adduced and such notes or

papers presented to the committee at least three days before the day scheduled

for his or her appearance before the Assembly;

(ii) afford a member of the County Executive Committee an opportunity to be

heard; and

(iii) consider the Report of the select committee and vote whether to approve

the resolution requiring a member of the County Execut ive Committee to be

dismissed.”

32

(11) Before the debate and voting on a Motion under paragraph (5), the County

Executive Committee Member shall be accorded an opportunity to respond to the

allegations on the Floor of the House

(g) PROCEDURE FOR THE REMOVAL FROM OFFICE THE MEMBERS OF THE

COUNTY ASSEMBLY SERVICE BOARD APPOINTED UNDER SECTION 12(3)(d) OF THE

CGA, 2012

Section 10(3) of the County Assembly Services Act provides that the procedure for the

removal of a member of the Board under this section shall be as prescribed in the

Standing Orders of the county assembly. As such this Standing Order must provide for

this procedure to state;

(1) Where a petition has been submitted to the Board for the removal o f the

members of the County Assembly Service Board appointed under section 12(3)(d)

of the County Governments Act 2012, the Board shall-

(a) frame a charge or charges against the member;

(b) forward the statement of the said charge or charges to the member together

with a briefstatement of the allegations in support of the charges;

(c)Invite the member to respond to the a llegations in writing sett ing out the

grounds on which the member relies to exculpate himself or herself; and

(d)invite the member to appear before the Board, either personally or with an

advocate as he or she may opt, on a day to be specified, to exculpate h imself or

herself.

(2) If the member does not furnish a reply to the charge o r charges within the

period specified, or if in the opinion of the Board the member fails to exculpate

himself or herself, the Board shall submit a notice of a motion to the Speaker

seeking that the county assembly revokes the appointment of the member.

(3) A motion under subsection (1) shall specify-

(a) the grounds set out in section 10(1) of the County A ssembly Services Act in

which the

Member is in breach; and

33

(b) the facts constituting that ground.

(4) Upon notice of the motion under subsection (2), the Speaker shall refer the

matter to a select committee of the assembly consisting o f eleven members and

established in accordance with the Standing Orders of the assembly to investigate

the matter within ten days of receipt of the motion.

(5) The select committee shall, within ten days, report to the assembly whether i t

finds the allegations against the member to be substantiated.

(6) The member shall have the right to appear and be represented before the

select committee during its investigations.

(7) The assembly shall consider the report of the select committee and resolve

whether to approve the motion.

(8) If the assembly approves a motion filed under this section, the member against

whom the motion was filed shall be deemed to have been removed f rom office

from the date the motion was approved.

34

3.11. PART XVII - ORDER IN THE COUNTY ASSEMBLY AND IN COMMITTEE OF THE

WHOLE COUNTY ASSEMBLY

3.11.1. FINDINGS

With regards to misconduct in the House, there is an eminent need to provide for

(a)disorderly conduct;

(b)gross disorderly conduct and the subsequent actions to be taken by the Speaker

and the County Assembly;

(c)the effect of suspension and

(d) appeal against suspension


(a) The Standing Order should provide for Disorderly conduct. The Standing order

should state;

“(1) A Member commits an act of disorderly conduct if the Member—

(a) creates actual disorder;

(b) knowingly raises a false point of order;

(c) unnecessarily interrupts proceedings or consults in a disruptive manner;

(d) fails to record abstention in a division;

(e) fails to declare personal interest in a

matter before the House or a Committee in accordance with Standing Order 92

(Declaration of interest);

(f) deliberately gives false information to the House;

(g) makes allegations without, in the Speaker’s opinion, adequate substantiation;

(h) threatens to use violence against a Member or other person in the House or

Committee;

(i) votes more than once in breach of these Standing Orders;

(j) commits any other breach of these Standing Orders, that in the opinion of the

Speaker, constitutes disorderly conduct.

35

(2) The Speaker may call a Member whose conduct is disorderly to order, and—

(a) caution the Member; or

(b) order the Member to withdraw from the precincts of the A ssembly for a

maximum of four days.”

(b) The Standing Order should provide for gross disorderly conduct and the requisite

action. The Standing order should state;

“(1) A Member commits an act of gross disorderly conduct if the Member—

(a) defies a ruling or direction of the Speaker or Chairperson of Committees;

(b) declines to explain or retract use of unparliamentary words or declines to

offer apologies, despite having been ordered to do so by the Speaker;

(c) demonstrates or makes disruptive utterances against the suspension of a

Member;

(d) attempts to or causes disorder of whatever nature during an address by a

visiting dignitary;

(e) uses violence against a Member or other person in the House or

Committee;

(f) attempts to or disrupts the Speaker’s procession when the procession i s

entering or leaving the Chamber;

(g) attempts to or removes the mace from its place in the Chamber;

(h) acts in any other way to the serious detriment of the dignity o r orderly

procedure of the House; or

(i) commits any other breach of these Standing Orders, that in the opinion of

the Speaker, constitutes gross disorderly conduct.

(2) In this Standing Order, “unparliamentary language” means the use of words which, in

the opinion of the person presid ing, a re deemed to be impolite, rude, abusive or

inconsistent with Assembly procedure or practice.

36

(3) The Speaker may call a Member whose conduct is grossly disorderly to order, and

shall order the Member to withdraw immediately from the precincts of the Assembly for

a minimum of five days and a maximum of twenty-eight days, including the day o f

suspension.”

(C) EFFECT OF SUSPENSION

The Standing Orders should provide for the effect of the suspension of the member. It

should state;

“(1) A Member who is ordered to withdraw from the precincts of Assembly under

Standing Order 107 (Member may be suspended after being named) and Standing

Order 110(Action to be taken on refusal to withdraw) shall during the period of

such withdrawal or suspension forfeit—

(a) the right of access to the precincts of the Assembly; and

(b) his or her salary and all allowances payable during the period.

(2) Suspension from the service of the House shal l not exempt the Member so

suspended from appearing before a Committee of the House for the

consideration of a Bill sponsored by the Member.”

(D) APPEAL AGAINST SUSPENSION

The standing order should provide for the appeal process against the suspension. It

should state;

“(1) Except as provided in this Standing Order, the suspension of a Member or the

application of this Standing Order shall not be subject to debate.

(2) A Member suspended from the House under this Part may appeal in writing

to the Committee of Powers and Privileges within three days of the suspension.

(3) Despite paragraph (2), the Committee may, with leave of the House, admit an

appeal received after three days.

(4) Upon receipt of the Member’s appeal, the Committee shall within seven

days—

(a) notify the Member, in writing, of the day appointed for the hearing of the

appeal;

37

(b) notify the Speaker, who shall thereafter admit the Member to the precincts of

Assembly on the day(s) appointed for the hearing of the appeal; and

(c) consider the appeal and after according the Member the right to be heard,

submit a report to the House either—

(i) upholding the suspension; or

(ii) reducing the period of suspension; or

(iii) readmitting the Member to the House.

(5) The decision of the Committee regarding the suspension shall be final.

(6) The Member who presided in the House or Committee of the whole House

during suspension of an appealing Member shall not participate in the proceedings

of the Committee during the appeal, except to give evidence when so required.

(7) A Member designated by the Committee shall inform the House of the

decision of the Committee regarding the suspension and the Speaker shall

thereupon effect the decision.

(8) The House may, in except ional c ircumstances permitted by the Speaker,

debate the report of the Committee without amendment or resolution.”

3.12 PART XVIII- PUBLIC BILLS

3.12.1. FINDINGS

(a) SPEAKER TO EXEMPT CERTAIN LEGISLATIVE PROPOSALS

Certain legislative proposals should be exempted by the Speaker from pre-publication

scrutiny.

(b) COMING INTO FORCE OF A LAW

The Standing Order should provide for the necessary action once a Bill has been assented

to by the Governor

38


(a) Speaker to exempt certain legislative proposals

(1) The Speaker may exempt a legislative proposal which originates from the Party

forming the County Government f rom the provisions o f Standing Order 112

(Introduction of Bills).

(2) An exemption under paragraph (1) may not be granted unless it is

accompanied by a certificate of approval by the County Executive Committee.

(3) The Party forming the County Government may indicate the Member under

whose name the legislative proposal is proposed to be published.

(4) Upon grant of the exemption, the Speaker shall direct that the legislative

proposal be published into a Bill.

(b) COMING INTO FORCE OF A LAW

The Standing Order should provide for the necessary action once a Bill has been assented

to by the Governor. It should state;

(1) A legislation passed by the assembly and assented to by the governor shal l be

published in the Gazette within seven days after assent

(2) Once the Governor assents to a bill, he/she shall forward to the Speaker a

copy of the bill assented to by him/her within twenty four hours after the expiry

of the time stipulated in Standing Order 137 (Assenting to Bills)

(3) The Speaker shall forward the b ill a ssented to by the Governor to the

Gazette for publication, provided that, twenty four hours after the expiry of the

period contemplated in Standing Order 137 (Assenting to Bills), i f the Governor

does not forward a copy of the bill assented to by him or her or a memorandum

on the bill, the bill shall be deemed to have been assented to and the speaker shall

forward the bill for publication.

(4) Subject to paragraph (5), the assembly legislation shall come into force on

the fourteenth day after its publication in the Gazette, whichever comes earlier,

unless the legislation stipulates a different date on or time at which i t shal l come

into force.

(5) An assembly legislation that confers a direct benefit whether financial or in

kind on members of the assembly shall come into force after the next general

election of members of the assembly.

39

(6) Paragraph (5) does not apply to an interest that members of the assembly

have as members of the public

3.13. PART XXI - SELECT COMMITTEES

3.13.1. FINDINGS

(a) Standing Order 152-House Business Committee

Standing Order 152 (1)(d) provides;

“1. There shall be a select committee, to be designatedthe House Business

Committee, consisting of –

(a)…

(b)…

(c)…

(d) not less than twenty one and not more than twenty nine members, who shall

be nominated by County Assembly a t the commencement o f every sess ion,

reflecting the relative majorities of the seats held by each of the County Assembly

parties in the County Assembly and taking into considerat ion the interest o f

independents.

2. …

3. …

4. In the absence of the Speaker, the Deputy Speaker shall attend and Chair the

meetings of the County Assembly Business Committee.”

A specific and definite number of Members should be appointed nominated for the

committee. Further, the term Deputy Speaker should be changed to Chairperson of

Committees

(b) STANDING ORDER 155-CRITERIA FOR NOMINATION

Standing Order 155(1) should provide for further criteria for nomination other than the

reflection of party majorities.

(c)STANDING ORDER 159- CHAIRING OF SELECT COMMITTEES AND QUORUM

This standing order should prohibit the members of the County Assembly Service Board

appointed in Section 12(3)(c) of the County Government Act 2012 from being appointed

40

as chairperson or vice chairpersons of committees. This will ensure committees are not

given undue advantage over the rest.

Furthermore this standing order must provide that the Members of the Public Accounts

and Investments Committee and the Committee on Implementation shall elect a

Chairperson and Vice-Chairperson from amongst the members of the Committees

nominated from a party other than a parliamentary party forming the county

government. This will enhance the spirit of checks and balances within the county.

(d) STANDING ORDER 160-CONDUCT OF ELECTION

This provision should provide for the procedure and steps of conduct of election for the

chairperson and vice chairperson of various committees.

(e) STANDING ORDER 168-FAILURE TO ATTEND MEETINGS

The notification to the committee on the failure to attend the meetings should be

through the clerk.

(iv)STANDING ORDER 172 -POWERS AND PRIVILEGES OF COMMITTEES

There is need for this provision in the Standing Order to expound on the powers and

privileges of committees.

(g) STANDING ORDER 182 REPORTS ON HOUSE RESOLUTIONS

Standing Order 182 provides that;

“Within sixty days of a resolution of the House or adoption of a report of a select

Committee, the relevant member of the County Executive Committee under

whose portfolio the implementation of the resolution falls shall provide a r eport

to the relevant Committee of the House in accordance with Article 154(4)(b) o f

the Constitution.”

The provisions should cross reference to Article 183(3) of the Constitution and not Article

153 (4) (b) of the Constitution.

41

(h) STANDING ORDER 187- COUNTY BUDGET AND APPROPRIATIONS

COMMITTEE

Standing Order 187(3) provides for the functions of the Committee. Standing Order

187(3) (c) provides that the committee shall consider the budget policy statement which

is a function of the National Assembly.

(i)STANDING ORDER 189-COMMITTEE ON IMPLEMENTATION

The membership of the Committee should be provided.

(j) STANDING ORDER 190-COMMITTEE ON DELEGATED COUNTY LEGISLATION

The membership of the Committee should be provided.

(k) PUBLIC SERVICE AND ADMINISTRATION COMMITTEE

The Composition of the Committee should be provided as well as its mandate

(l) SOCIAL WELFARE AND ADMINISTRATION COMMITTEE

The Composition of the Committee should be provided as well as its mandate

(m) JUSTICE AND LEGAL AFFAIRS COMMITTEE

In line with the County Assembly resolution on the 12th day of August 2018 to establish

this committee, its membership and mandate should be provided for in the standing

orders.

(n) DISASTER MNAGEMENT AND SPECIAL PROGRAMMES COMMITTEE



orders.

(o) HANSARD, MEDIA, BROADCASTING AND LIBRARY COMMITTEE



orders.

42


(a)STANDING ORDER NO. 152-HOUSE BUSINESS COMMITTEE

A specific and definite number of Members should be nominated to the committee.

Standing Order No. 152(1) (d) should be amended to state;

“1. There shall be a select committee, to be designated the House Business Committee,

consisting of –

(a)…

(b)…

(c)…

(d)thirteen other Members, reflecting the relative majorities of the seats held by each of

the parties in the Assembly, who shall be nominated by the A ssembly part ies and

approved by the Assembly at the commencement of every Session.”

With regards to the number of members in the Committee, Standing Order 152(1)(d)

shall be implemented in the third County Assembly.

(b) STANDING ORDER 155-CRITERIA FOR NOMINATION

In selecting members to serve in various committees, the selection committee should

consider the following criteria as well;

“(1) In nominating Members to serve in a select Committee, the Selection

Committee shall ensure that

(a)…

(b)majority of the members of the Public Accounts and I nvestments

Committee and Committee on Implementation are drawn f rom parties

other than assembly parties forming the county government.”

(c)STANDING ORDER 159- CHAIRING OF SELECT COMMITTEES AND QUORUM

Further criteria should be provided for the election of chairpersons and vice chairpersons

of various committees. It should state;

(1)…

43

(2) A member of the County Assembly Service Board appointed under Section

12(3) (c) of the County Government Act shall not be eligible to stand for election

as a Chairperson or Vice-Chairperson of a select committee.

(3) The Members of the Public Accounts Committee, the Public Investments

Committee and the Committee on Implementation shall elect a Chairperson and

Vice-Chairperson from amongst the members of the Committees nominated from

a party other than a parliamentary party forming the county government

(d) STANDING ORDER 160-CONDUCT OF ELECTION

This provision should provide for the procedure and steps of conduct of election for the

chairperson and vice chairperson of various committees. It should state

“(1)…

(2)…

(3) A candidate for election as Chairperson or Vice-Chairperson of a committee

shall submit his or her nomination paper, in writing, to the Clerk by 5 .00 pm on

the day before the election.

(4) The nomination paper of a candidate shall be in the form set out in the Fifth

Schedule and shall be accompanied by the name and signature of a proposer and

a seconder and a declaration of the candidate’s willingness to serve as a

Chairperson or Vice-Chairperson.

(5) A Member shall not propose or second more than one candidate for e lection

as Chairperson or Vice-Chairperson.

(6) The Clerk shall, as soon as practicable after the close of nominations, circulate

the final list of candidates to committee members.

( 7) T he C lerk shal l preside over the e lection of the Chairperson or Vice -

Chairperson of a committee and shall issue each committee member with a bal lot

paper

(8) A committee member who wishes to vote in the election shall print the first

and last name of their candidate of choice on a ballot paper and deposit it in a

ballot box provided for that purpose.

(9) The Clerk shall, at the close of voting, count the ballot papers and report the

result of the ballot.

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(10) If no candidate receives a majority of votes, the Clerk shall hold a further

ballot excluding the candidate with the least number of votes until one candidate

receives a majority of votes.

(11) A ballot paper is spoilt if, in the opinion of the Clerk, it does not identify the

candidate purported to be selected by the candidate voting.

(12) Despite the provisions of this Part, if only one c andidate i s nominated for

election as Chairperson or Vice-Chairperson, the Clerk shall at the expiry of the

nomination period forthwith declare that candidate as elected without any vote

being required.

(13) The Clerk shall make necessary preparatory arrangements for the conduct of

the election of a Chairperson or Vice-Chairperson of a Committee.”

(e) STANDING ORDER 168-FAILURE TO ATTEND MEETINGS

The notification to the committee of the failure to attend the meetings should be through

the Clerk. The standing order should be amended to include the following new

paragraph;

“(2) A notification under paragraph (1) shall be m ade through the C lerk

and recorded in the minutes of the committee.”

The provision helps to promote transparency and accountability among the Members of

the House.

(f)STANDING ORDER 172 -POWERS AND PRIVILEGES COMMITTEES

There is need for this provision in the Standing Order to expound on the powers and

privileges of committees. Standing Order 172 should also provide for the following;

“(1) Committees shall enjoy and exercise all the powers and privileges bestowed

on the Assembly by the Constitution and statute, including the power to —

(a) sum mon any person to appear before i t for the purposes of g iving

evidence or providing information; (b) enforce the attendance of witnesses and examine them under o ath,

affirmation or otherwise;

(c) compel the production of documents;

(d) request for and receive papers and documents from the Government and

the public; and (e) issue a commission or request to examine witnesses abroad.

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(2) The oath to be sworn or affirmation to be made by a witness appearing

before a Committee shall be in terms of section 19 of the County A ssemblies

Powers and Privileges Act, 2017.

(3) A summons under paragraph (1) shall be —

(a) issued by the Clerk on the direction of the Speaker or the chairperson of a

committee acting in accordance with a resolution of the committee; and

(b) in the form set out in the First Schedule of the County Assemblies Powers

and Privileges Act, 2017.

(4) The summons shall be served by a member of staff or a police officer who

is duly authorized by the Clerk by delivering a copy of the summons—

(a) to the person mentioned in the summons; or

(b) at that person’s usual or last known place o f residence, employment or

business or left with a person who is over the age o f eighteen years and who

resides or is employed at that place.

(5) Where the summons is to be served on an ent ity, the summons may be

served—

(a) on the secretary, director or other officer authorised by the entity; or

(b) if the officer serving the summons is unable to find any o f the o fficers of

the entity mentioned in sub-paragraph (a) —

(i) by leaving it at the registered office of the entity;

(ii) by sending it by prepaid registered post or by a l icensed courier service

provider approved by the court to the registered postal address of the entity;

(iii) if there is no registered office and no registered postal address of the entity,

by leaving it at the place where the entity carries on business; or

(iv) by sending it by registered post to the last known postal address o f the

entity.

(6) The serving officer in all cases in which summons has been served under

this Standing Order shall swear and annex or cause to be annexed to the original

summons an affidavit of service stating the time when and the m anner in which

summons was served and the name and address of the person (if any) identify ing

the person served and witnessing the delivery or tender of summons.

(7) The affidavit of service shall be in the form set out in the Second S chedule

of the County Assemblies Powers and Privileges Act with such modifications a s

may be necessary.

(8) A return by a person who serves a summons under this S tanding Order

shall be prima facie proof of the service of the summons.”

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(v) STANDING ORDER 182 REPORTS ON HOUSE RESOLUTIONS


153 (4)(b) of the Constitution. As such Standing Order 182 should be amended to

provide;

“Within sixty days of a resolution o f the House or adoption o f a r eport of a select

Committee, the relevant member of the County Executive Committee under whose

portfolio the implementation of the resolution falls shall provide a report to the relevant

Committee of the House in accordance with Article 183(3) of the Constitution.”


153 (4) (b) of the Constitution

(vi)STANDING ORDER 187- COUNTY BUDGET AND APPROPRIATIONS

COMMITTEE

Standing Order 187(3) provides for the functions of the Committee. Standing Order

187(3) should be deleted and replaced therefore with;

“(3) The functions of the Committee shall be to-

(a)…

(b)…

(c)examine the County Integrated Development Plan, the Annual Development

Plan, the County Budget Review and Outlook Paper, the County Fiscal S trategy

Paper and the Debt Management Strategy Paper presented to the House.”

(vii) STANDING ORDER 189-COMMITTEE ON IMPLEMENTATION

The membership of the Committee should be the Chairperson and not more than twelve

other members.In light of this, the Standing Order should be amended to provide;

“(1)There shall be a select committee to be known as the Committee on

Implementation which shallcomprise of thirteen members”

With regards to the number of members in the Committee, Standing Order 189(1)shall be

implemented in the third County Assembly.

(j) STANDING ORDER 190-COMMITTEE ON DELEGATED COUNTY LEGISLATION

The membership of the Committee should be the Chairperson and not more than

thirteen other members. The Standing Order should be amended to state;

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“(1) There shall be a select Committee to be known a s the Committee o n

Delegated County Legislation which shall comprise of thirteen members.”

With regards to the number of members in the Committee, Standing Order 190(1) shall

be implemented in the third County Assembly.

(k) PUBLIC SERVICE AND ADMINISTRATION COMMITTEE

The Composition of the Committee should be provided as well as its mandate. In light

the following new provision should be included;

(1) There shall be a se lect committee to be known a s Publ ic Service a nd

Administration Committee which shall comprise of seven members.

(2) The Committee shall consider all matters relat ing to public service and

administration of the County

(l) SOCIAL WELFARE AND ADMINISTRATION COMMITTEE

The Composition of the Committee should be provided as well as its mandate. In light

the following new provision should be included;

(1) There shall be a select committee to be known a s Social Welfare a nd

Administration Committee which shall comprise of eleven members.

(2) The Committee shall consider all matters related to the welfare of the

people of Homa Bay County.

With regards to the number of members in the Committee, this paragraph(1) shall be

implemented in the third County Assembly.

(m) JUSTICE AND LEGAL AFFAIRS COMMITTEE;



orders. The Standing order should be amended to include the following new provisions;

(3) There shall be a select committee to be known a s Justice and Legal Affairs

Committee which shall comprise of eleven members.

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(4) The Committee shall consider all matters of civic education and public

participation

(n) DISASTER MANAGEMENT AND SPECIAL PROGRAMMES COMMITTEE



orders.The Standing order should be amended to include the following new provisions;

“(1) There shall be a select committee to be known a s D isaster Management

and Special Programmes Committee which shall comprise of nine members

(2) The Committee shall consider all matters of county disaster and

emergencies.”

(o) HANSARD, MEDIA, BROADCASTING AND LIBRARY COMMITTEE



orders. The Standing order should be amended to include the following new provisions;

“(1) There shall be a se lect committee to be known a s Hansard, Media,

Broadcasting and Library Committee which shall comprise of nine members

(2) The Committee shall;

(a) consider and report on all matters relating to broadcasting of the proceedings

of the House;

(b) make reports and recommendat ions to the House, including proposed

legislation on matters relating to broadcasting of House proceedings;

(c) recommend to and advi se the House on matters r elated to provision of

library, publications and research services in the Assembly, including improvement

of the library and research services; and

(d) assist Members in utilizing the facilities provided by the l ibrary and research

services, including use of information and communication technology”

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3.14. PART XXVI-GENERAL

3.14.1. FINDINGS

(a) STANDING ORDER 231-SITTING IN THE CHAMBERS

Standing Order 231(1) has not provided for seats reserved for the members of the

Speaker’s Panel.


Standing Order 231(1) should provide for seats reserved for the members of the Speaker’s

Panel. It should be amended to State;

(1) There shall be reserved seats in the Chambers of the County Assembly for

the exclusive use of each of the following-

(a)…

(b)…

(c)…

(d) Members of the Speaker’s Panel

3.15. PART XXVII- TRANSITION

3.15.1 FINDINGS

The transition clause is only applicable to the first county assembly


The transition clause should be deleted

3.16 SCHEDULES

3.16.1. FINDINGS

(a) SECOND SCHEDULE

The second schedule should be amended to reflect the sectoral committees under these

standing orders and our current circumstances.


(a) SECOND SCHEDULE

The second Schedule should be amended as stated below;

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SECTORAL COMMITTEE MANDATE

Agriculture, Livestock, Fisheries and Food

Security

all matters related to agriculture, including

crop and animal husbandry, livestock sale

yards, county abattoirs, plant and animal

disease control, fisheries and veterinary

services

Tourism, Sports, Gender, Youth, Culture

and Social Services

all matters related to local tourism,gender,

culture, youth,sports,Cultural activities,

public entertainment and public amenities,

including betting, casinos and other forms

of gambling, racing, liquor

licensing, cinemas, video shows and hiring,

libraries, museums, sports and cultural

activities and facilities and county parks,

beaches and recreation facilities;

Roads, Public Works and Transport all matters related to county transport,

including county roads, street lighting,

traffic and parking, public roadtransport

and ferries and harbours, excluding the

regulation of international and national

shipping and matters related thereto;

county public works and services including

storm water management systems in built-

up areas and water and sanitation services

Energy and Mining all matters related to electricity and gas

reticulationand energy regulation and

mining

Education and ICT all matters related to pre-primary

education, village polytechnics, home craft

centres and childcare facilities; and ICT

Health Services all matters related to county health

services, including, in particular county

health facilities and pharmacies, ambulance

services, promotion of primary health care,

licensing and control of undertakings that

sell food to the public, (excluding

regulation of theprofession), cemeteries,

funeral parlours and crematoria

and refuse removal, refuse dumps and solid

waste disposal

Lands, Housing, Urban Development and

Physical Planning

all matters related tocounty planning and

development, including statistics, land

survey and mapping, boundariesand

fencing, housing

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Trade, Industry, Cooperatives and

Enterprise Development

all matters related to trade development

and regulation,including markets, trade

licences (excluding regulation

ofprofessions), fair trading practices, local

tourism andcooperative societies.

Water, Environment and Natural Resources all matters related toimplementation of

specific national government policies on

natural resources and environmental

conservation, including soil and water

conservation and forestry and control of

air pollution, noise pollution, other public

nuisances and outdoor advertising.

Finance, Economic Planning and Service

Delivery

all matters related to revenue raising

measures; economic planning and service

delivery.

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4.0. CONCLUSION

Section 14 of the County Governments Act, 2012 provides that the Standing Orders shall

provide for the matters specified in the Second Schedule of the Act. These Standing Order

comply with this prerequisite.

The amendments herein proposed ensure that the County Assembly Standing Orders first

cease to be interim, second ensure that it conforms to the Constitution of Kenya and all

other written laws and govern the unique situations within the County Assembly.

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5.0 PRAYER

The committee prays that the house do adopt this report.

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