Government

THE STRUCTURE OF MACHAKOS COUNTY GOVERNMENT

The structure comprises three arms. They are the County Executive (Committee), the Legislature (County Assembly), and the Public Service (County Public Service Board).

1. THE COUNTY EXECUTIVE COMMITTEE

Article 179 of the Constitution provides for the County Executive Committees. The Constitution bestows the executive authority of the county to the county executive committee. The committee also exercises this authority.

The county executive committee consists of:

• The county governor and the deputy county governor; and
• Members the county governor appoints, with the approval of the assembly, from among persons who are not members of the assembly.

The county governor and the deputy county governor are the chief executive and deputy chief executive of the county, respectively.

When the county governor is absent, the deputy county governor should act as the county governor.

Members of a county executive committee are accountable to the county governor while performing their functions and exercising their powers. They head the various departments of the county government.

OTHER MEMBERS OF THE COUNTY EXECUTIVE

Other members of the county executive are:

• The County Secretary, who is the secretary to the county executive committee.
• A county chief officer who is responsible to the respective county executive committee member for the administration of a county department.

2. THE COUNTY ASSEMBLY

In the structure of the county government in Kenya, the county assembly is the legislative arm. A county assembly consists of:

• members elected by the registered voters of the wards (elected MCAs);
• 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 (nominated MCAs, usually women);
• the number of members of marginalized groups, including persons with disabilities and the youth, prescribed by an Act of Parliament (nominated MCAs, six of them according to the County Governments Act); and
• the Speaker, who is an ex officio member.

Political parties nominate members to fill the gender and marginalized groups positions based on the proportion to the seats received in that election in that county by each political party.

OTHER MEMBERS OF THE COUNTY ASSEMBLY

Other members of the county assembly are-

• the deputy speaker who is nominated from among the elected MCAs, and
• the clerk of the county assembly, whose functions are similar with modifications to those of the national assembly clerk.

3. THE COUNTY PUBLIC SERVICE

Article 235 of the Constitution contains the provision for the staffing of county governments.  According to this law, every county should have its own public service known as the county public service.

Article 235 stipulates that the county government is responsible for–

• establishing and abolishing offices in its public service;
• appointing persons to hold or act in those offices, and confirming appointments; and
• exercising disciplinary control over and removing persons holding or acting in those offices.

Part VII of the County Governments Act contains detailed information on the county public service as a component of the structure of the county governments in Kenya.