The County Assembly Services (Amendment) Bill (Senate Bill No. 34 of 2023)

REPUBLIC OFKENYA

PARLIAMENT

SENATE BILLS

(Bill No. 34 of 2023)

THE COUNTY ASSEMBLY SERVICES (AMENDMENT) BILL, 2023

(A Bill published in the Kenya Gazette Supplement No. 134 of 11th August, 2023 and passed by the Senate, with amendments, on Tuesday, 15th April, 2025)

THE COUNTY ASSEMBLY SERVICES (AMENDMENT)BILL,2023

ABillfor

ANACTofParliamenttoamend theCountyAssemblyServices Act;and for connected purposes.

ENACTEDbytheParliamentofKenya,asfollows-

Short title.

1. This Act may be cited as the County Assembly Services (Amendment) Act, 2023.

Amendment ofsection3of Cap 265D.

Amendment of section10 of Cap 265D.

2. Section 3 ofthe County Assembly Services Act, in this Act referred to as "the principal Act" is amended in paragraph (e) the words "provide for the procedural". 3. Section 10 of the principal Act is amended - 3. q () () submitting a petition to the office of the respective Clerk, in the prescribed form" immediately after the words "specified under subsection (1)"; 4. (b) by deleting subsection 3 and substituting therefor the following new subsection -

• (3) Upon receipt of a petition under subsection (2),the Speaker shall report the petition to the Assembly within seven days.

6. (c)by inserting thefollowing new: subsections immediately after subsection (3) - 7. (4)Upon reporting of the petition under subsection (3), the Speaker shall refer the petition toa selectcommitteeof the countyassembly to investigate the matter. 8. (5)The committee referred to in subsection (4)shall consist of eleven members and shall be

Amendment of section 17 of Cap 265D

Amendment of section 17 of Cap265D

established in accordance with the Standing Orders of the respective county assembly.

• (6)The select committee shall investigate the matter within ten days of the receipt ofthe petition andreportto theassemblywhether itfindsthe allegations against themember of theBoard tobe substantiated.
• (7)The member of the Board shall have the right to appear and be represented by anAdvocate before the select committee during its investigations.
• 8 If the Committee find that the allegations against the member are unsubstantiated,nofurther proceedings shall be taken further proceedings shall not be in respect of that allegation.
• 9) The assembly shall consider the report of theselectcommitteeandresolvewhetherto approve the motion.
• (10) If the assembly approves a motion filed under this section,the member of the Board against whom the motion was filed shall be deemed tohavebeen removedfrom officefrom the date the motion was approved.
• (11) The Clerk shall inform, in writing, a member who is removed under this section, ofthe resolution of the county assembly.

4. Section 17 of the principal Act is amended in subsection (2) by deleting the words "chairperson of the Board and the" appearing immediately after the words "responsible to the". 5. Section 19 of the principal Act is amended -

Insertion iof new sectionin No.24of 2017.

Amendment of section 23 of No.24 of 2017.

• , pm p q (e) rd u (e) appearing immediately after the words "the county assembly;" and;
• (b) inserting the following new paragraph after paragraph (a) -
• (aa)exercise supervisory control over the staff ofthe CountyAssembly; and

6. The principal Act is amended by inserting the following new section immediately after section 22 -

Procedurefor suspension of Clerk.

22A.(1) Where the Board considers it necessary to suspend the Clerk under section 22, the Board shall --

• (a) inform the Clerk in writing of the reasons for the suspension;
• (b) invite the Clerk to respond within seven days, in writing, to the reasons set out under paragraph (a);
• (c) invite the Clerk to appear before theBoardona specifieddateto exculpate himself or herself.
• (2) The Board shall not suspend a Clerk under section 22 for a period exceeding six months.

7. Section 23 of the principal Act is amended --

• (a) in subsection (1) -
• (i) by deleting the words "section 20" appearing immediately after the words "the Clerk under" in the introductory phrase and substituting therefor the words "section 22";

• (ii) by inserting the words "within fourteen days" immediately after the words "allegations in writing" appearing in paragraph (c);
• (i) by inserting the words "within fourteen days of thelapse of the period of response under paragraph (c)" immediately after the words invite the Clerk' appearing in paragraph (d).
• (b) in subsection (8) by inserting the words "two-thirds ofthe members of'immediately after the word "if".

Amendment 8.S Section 25 of the principal Act is amended by inserting of section 25 the following new subsections immediately after subsection (1) of No.24 of 2017.

• (1A) The County Assembly Service Board shall put in place measures to protect its officers on secondmentfromloss or disadvantagewithrespect to pension benefits, gratuity or other terminal benefits.
• (1B) Unless there is an agreement to the contrary, it shall be the responsibility of theBoard topay the salaries,remuneration,allowances and other benefits duetothestaffonsecondment.
• (1C) An employee on secondment shall not lose any of theirbenefits.
• (1D) If for any reason it is not necessary for an officer on secondment toremain seconded and the secondment period has not lapsed, the officer shall be entitled torevert back totheposition thepublic officer heldbeforesecondment.
• (1E) The Board shall not second an officer of the servicewithouttheofficer'sconsent.
• (1F) The Board shall not allow the secondment of an officer unless it has considered representation by the concerned authorized officer or head of department of the officer proposed to be seconded.

The County Assembly Services (Amendment) Bill, 2023

I certify that this printed impression is a true copy of the Bill as passed by the Senate on Tuesday, 15th April, 2025.

ClerkoftheSenate

Endorsed for presentation to the National Assembly in accordance with the provisionsof standingorder161of theSenateStandingOrders.

SpeakeroftheSenctte