Section 35 of the County Governments Act contains the qualifications and considerations for the appointment of a county executive committee member in Kenya.
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Appointment of a member of the county executive committee
When nominating the members of the county executive committee, the governor shall–
- ensure that to the fullest extent possible, the composition of the executive committee reflects the community and cultural diversity of the county;
- take into account the principles of affirmative action as provided for in the Constitution.
The county assembly shall not approve any nomination for appointment to the executive committee that does not take into account–
- not more than two-thirds of either gender;
- representation of the minorities, marginalized groups and communities;
- community and cultural diversity within the county.
A person may be appointed as a member of the county executive committee if that person–
- is a Kenyan citizen;
- is a holder of at least a first degree from a university recognised in Kenya;
- satisfies the requirements of Chapter Six of the Constitution;
- has the knowledge, experience and distinguished career of not less than five years in the field relevant to the portfolio of the department to which the person is being appointed.
A member of the county executive committee shall not hold any other State or public office.
A person must be at least 18 years of age to qualify for the position of a county executive committee member.
Removal of a member of the executive committee
A member of the county assembly, supported by at least one-third of all the members of the county assembly may propose a motion requiring the governor to dismiss a county executive committee member on any of the following grounds –
- incompetence;
- abuse of office;
- gross misconduct;
- failure, without reasonable excuse, or written authority of the governor, to attend three consecutive meetings of the county executive committee;
- physical or mental incapacity rendering the executive committee member incapable of performing the duties of that office;
- gross violation of the Constitution or any other law.
These grounds to remove a county executive committee member are under Section 40 (2) of the County Governments Act.
Exercise of executive authority
The county executive committee, under Section 34 of the County Governments Act, shall exercise the executive authority–
- in accordance with the Constitution and relevant national and county legislation;
- while enhancing self-governance for communities in the management of development programs;
- taking into account the objects and principles of devolution of government set out under Articles 174 and 175 of the Constitution;
- while ensuring the protection and promotion of the interests and rights of minorities and marginalized communities;
- while promoting gender equity;
- for the well-being and benefit of the people;
- while promoting social and economic development within the county;
- while ensuring equitable sharing of available resources throughout the county.
For the functions of these members, see the functions of the county executive committee.