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Qualifications

    Candidate for County Assembly Ward Election

    Qualifications:

    1. Must be a Kenyan citizen for at least 10 years before the election

    2. Must be a registered voter

    3. Must not owe allegiance to a foreign state

    4. Is nominated by a Political Party or is an independent candidate.

    REF: IEBC

Election

    177.       Membership of county assembly

    (1)         A county assembly consists of—

    (a)         members elected by the registered voters of the wards, each ward constituting a single member constituency, on the same day as a general election of

                         Members of Parliament, being the second Tuesday in August, in every fifth year; 

    (b)         the number of special seat members necessary to ensure that no more than two-thirds of the membership of the assembly are of the same gender; 

    (c)          the number of members of marginalised groups, including persons with disabilities and the youth, prescribed by an Act of Parliament; and 

    (d)         the Speaker, who is an ex officio member.

    (2)         The members contemplated in clause (1)(b) and (c) shall, in each case, be nominated by political parties in proportion to the seats received in that election in

                  that county by each political party under paragraph (a) in accordance with Article 90. 

    (3)         The filling of special seats under clause (1)(b) shall be determined after declaration of elected members from each ward.

    (4)         A county assembly is elected for a term of five years.

    REF: Constitution of Kenya 2010

Functions

    185.       Legislative authority of county assemblies

    (1)         The legislative authority of a county is vested in, and exercised by, its county assembly.

     (2)         A county assembly may make any laws that are necessary for, or incidental to, the effective performance of the functions and exercise of the powers of the

                    county government under the Fourth Schedule.

    (3)         A county assembly, while respecting the principle of the separation of powers, may exercise oversight over the county executive committee and any other

                  county executive organs. 

    (4)         A county assembly may receive and approve plans and policies for—

    (a)         the management and exploitation of the county’s resources; and

    (b)         the development and management of its infrastructure and institutions.


    REF: Constitution of Kenya 2010

Vacation

    (1) The office of a member of a county assembly becomes vacant--

    (a) if the member dies;

    (b) if the member is absent from eight sittings of the assembly without permission, in writing, of the speaker of the assembly, and is unable to offer satisfactory

          explanation for the absence;

    (c) if the member is removed from office under this Constitution or legislation enacted under Article 80;

    (d) if the member resigns in writing addressed to the speaker of the assembly;

    (e) if, having been elected to the assembly--

    (i) as a member of a political party, the member resigns from the party, or is deemed to have resigned from the party as determined in accordance with the

        legislation contemplated in clause (2); or

    (ii) as an independent candidate, the member joins a political party;

    (f) at the end of the term of the assembly; or

    (g) if the member becomes disqualified for election on grounds specified in Article 193 (2).

    (2) Parliament shall enact legislation providing for the circumstances under which a member of a political party shall be deemed, for the purposes of clause (1) (e), to

          have resigned from the party.

    REF: Constitution of Kenya 2010