The Nandi County Assembly is established pursuant to Article 176 of the Constitution of Kenya 2010:
“There shall be a county government for each county, consisting of a County Assembly and a County Executive.”
Pursuant to Article 177 of the Constitution, the 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 he 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.
Pursuant to Article 185 of the Constitution of Kenya, 2010:
(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.
POWERS TO SUMMON WITNESS:
Pursuant to Article 195 of the Constitution of Kenya:-
(1) A county assembly or any of its committees has power to summon any person to appear before it for the purpose of giving evidence or providing information.
(2) For the purposes of clause (1), an assembly has the same powers as the High Court to—
(a) enforce the attendance of witnesses and examining them on oath, affirmation or otherwise;
(b) compel the production of documents; and
(c) issue a commission or request to examine witnesses abroad.
Membership of the county assembly
(1) In addition to the members who are elected under Article 177(a), or nominated under Article 177(b) of the Constitution, a county assembly shall comprise—
(a) six nominated members as contemplated in Article 177(c) of the Constitution; and
(b) the speaker, who is an ex officio member elected in accordance with Article 178 of the Constitution.
(2) The political party nominating persons under subsection (1) shall ensure that—
(a) community and cultural diversity of the county is reflected in the county assembly; and
(b) there is adequate representation to protect minorities within the county in accordance with Article 197 of the Constitution.
(3) The number of members nominated under subsection (1)(a) shall be reviewed to accord with the number of Wards determined by the Independent Electoral and Boundaries Commission under section 27(3)(a
Role of the county assembly
(1) The county assembly shall
(a) vet and approve nominees for appointment to county public offices as may be provided for in this Act or any other law;
(b) perform the roles set out under Article 185 of the Constitution;
(c) approve the budget and expenditure of the county government in accordance with Article 207 of the Constitution, and the legislation contemplated in Article 220(2) of the Constitution, guided by Articles 201 and 203 of the Constitution;
(d) approve the borrowing by the county government in accordance with Article 212 of the Constitution;
(e) approve county development planning; and
(f) perform any other role as may be set out under the Constitution or legislation.
(2) If a county assembly fails to enact any particular legislation required to give further effect to any provision of this Act, a corresponding national legislation, if any, shall with necessary modifications apply to the matter in question until the county assembly enacts the required legislation
Role of members of the county assembly
(1) A member of a county assembly shall—
(a) maintain close contact with the electorate and consult them on issues before or under discussion in the county assembly;
(b) present views, opinions and proposals of the electorate to the county assembly;
(c) attend sessions of the county assembly and its committees;
(d) provide a linkage between the county assembly and the electorate on public service delivery; and
(e) extend professional knowledge, experience or specialised knowledge to any issue for discussion in the county assembly.
(2) A member of the county assembly shall not be directly or indirectly involved in the—
(a) executive functions of the county government and its administration; or
(b) delivery of services as if the member were an officer or employee of the county government.
(3) Members of a county assembly shall be sworn in by the county assembly clerk within fourteen days, after the announcement of the final results of an election, in the manner set out in the Schedule to this Act.
(4) At any time in the absence of the speaker of the county assembly or in matters that directly affect the speaker, the county assembly shall elect a member to act as speaker as contemplated under Article 178(2)(b) of the Constitution.
(5) Unless otherwise removed, the first member elected under subsection (4), shall, in the absence of the Speaker, preside over the sittings of the assembly for the term of the county assembly.