A petition is a formal written request to a County Assembly by an individual, public entity, or private entity seeking action on a particular issue within the County Assembly’s authority. This may include proposing new legislation, amending existing laws, or challenging certain decisions or policies.
The procedure to petition a County Assembly in Kenya is outlined in the Petition to County Assemblies (Procedure) Act, which implements Article 37 of the Constitution on the right to petition a County Assembly.
1. The Form of a Petition to a County Assembly
A valid petition must meet specific formal requirements set out in the Petition to County Assemblies (Procedure) Act.
Format Requirements
✔ Handwritten, printed, or typed
✔ In English or Kiswahili
✔ Written in respectful and temperate language
✔ Free from alterations or interlineations
✔ Addressed to the County Assembly
✔ Subject matter clearly indicated on every page (if multiple pages)
Content Requirements
✔ Previous attempts to resolve the issue
✔ Declaration if the issue is pending before a court or other legal body
✔ A clear and respectful request for action
✔ Full details of the petitioner (Names, addresses, ID numbers, signatures/thumb impressions)
✔ No annexed letters, affidavits, or other documents
📌 Petitions by County Assembly Members:
✔ If an MCA presents the petition on behalf of a petitioner, it must be countersigned by the MCA.
✔ MCAs cannot present petitions on their own behalf.
2. The Procedure for Submitting a Petition to a County Assembly
Step 1: Submission of the Petition
A petitioner may submit a petition to the County Assembly Clerk through:
✔ Direct submission by the petitioner
✔ Presentation by a County Assembly Member (MCA) on behalf of the petitioner (with approval from the Speaker)
❌ MCAs cannot present a petition on their own behalf.
Step 2: Review of the Petition by the Clerk
✔ The Clerk has seven days to review the petition and ensure it meets all legal and format requirements.
✔ If the petition does not comply, the Clerk may give directions for necessary amendments.
📌 Note:
A petition cannot be rejected simply because it was not addressed to the Clerk of the County Assembly. If the petition was sent to the wrong office, the Clerk must refer it to the appropriate authority.
Step 3: Consideration of the Petition by the County Assembly
✔ The Clerk forwards the petition to the Speaker of the County Assembly for tabling in the House.
✔ The petition is considered according to the Standing Orders of the County Assembly.
Step 4: Committee Review of the Petition
The petition is referred to the relevant committee for consideration. The committee may:
✔ Invite the petitioner to provide additional information.
✔ Conduct site visits (if necessary) to assess the issue in detail.
Step 5: Committee Report and Decision
✔ The committee prepares a report and tables it before the County Assembly.
✔ No debate on the report is allowed unless recommended by the committee chairperson and approved by the Speaker.
📌 Notification of Decision
✔ The Clerk must notify the petitioner in writing within 14 days of the County Assembly’s decision.
3. Register of Petitions
✔ The Clerk maintains a public register of all petitions, supporting documents, and decisions.
✔ The register is accessible to the public during working hours.
4. Key Takeaways
📌 Who Can Petition?
✔ Any individual, public entity, or private entity.
📌 Where to Submit?
✔ Clerk of the County Assembly
✔ Through an MCA (with Speaker’s approval)
📌 Review & Consideration Timeline
✔ 7 days for Clerk to review the petition
✔ 14 days to notify the petitioner of the decision
📌 Committee Process
✔ May request additional details
✔ May conduct site visits
📌 Public Access to Petitions
✔ County Assembly maintains a public record
5. Conclusion
Petitioning a County Assembly is a constitutional right that allows citizens to engage in county governance. The process ensures that public concerns are considered by county legislators and that necessary legal, administrative, or policy changes can be pursued.
📌 For more details and sample petition forms, visit:
🔗 Petition to County Assemblies (Procedure) Act
