Article 192 of the Constitution of Kenya and Part 13 of the County Governments Act provide the legal framework for the suspension of a county government. The President has the authority to initiate the suspension, subject to Senate approval.
1. Grounds for Suspension of a County Government
A county government may be suspended under the following circumstances:
1️⃣ Emergency arising from internal conflict or war
2️⃣ Exceptional circumstances, such as governance failures that threaten public interest
A county cannot be suspended for exceptional circumstances unless:
✔️ An independent commission of inquiry investigates the allegations
✔️ The President is satisfied that the allegations are justified
✔️ The Senate authorizes the suspension
📌 Important:
🔹 A suspension cannot exceed 90 days, after which elections must be held.
🔹 The Senate may terminate the suspension at any time.
2. Procedure for Suspension in Exceptional Circumstances
(i) Petition for Suspension
📌 A petition can be filed by any person against the county government for governance failures.
📌 The petition must be signed by at least 10% of the county’s registered voters.
📌 Within 14 days, the President must submit the petition to the apex intergovernmental body for approval.
(ii) Establishment of an Independent Commission of Inquiry
✅ Once approved, the President appoints an independent commission to investigate.
✅ The Senate must approve the appointment.
(iii) Composition of the Commission of Inquiry
The commission includes:
🔹 A chairperson (a High Court advocate with at least 15 years’ experience)
🔹 The Chairperson of the National Police Service
🔹 Two residents of the affected county (who have not held elective office in the past 10 years)
🔹 Two experts in conflict management
(iv) Investigation & Report
📌 The commission has three months to investigate and report its findings to the President.
3. Presidential Decision & Senate Approval
(i) If the Commission does NOT Recommend Suspension:
📌 The President submits the report and petition to the Senate Speaker within 14 days.
📌 The Senate reviews the petition and may dismiss it.
(ii) If the Commission Recommends Suspension:
📌 The President submits:
✔️ A memorandum stating whether or not the suspension is justified
✔️ The report and recommendations of the Commission
📌 The Senate committee reviews the documents and makes recommendations within 14 days.
(iii) Senate Vote
📌 The Senate votes on whether to approve the suspension.
📌 If the Senate authorizes the suspension, the President gazettes the suspension within 14 days.
📌 The suspension cannot exceed 90 days.
4. Governance During Suspension
(i) County Assembly Prorogation
🔸 The County Assembly is suspended (prorogued).
🔸 The Speaker, Deputy Speaker, and MCAs retain half their benefits.
🔸 Any pending bills expire but can be reintroduced after suspension.
(ii) County Executive Committee Suspension
🔹 The Governor, Deputy Governor, and CECs are suspended.
🔹 They receive half their benefits during the suspension.
(iii) Interim County Management Board
✅ The Interim County Management Board assumes the functions of the County Executive.
✅ The Board must submit a report to the President within 90 days.
5. Termination of Suspension by the Senate
📌 The Senate can terminate the suspension at any time.
📌 A motion to terminate the suspension is reviewed by a Senate committee within 10 days.
📌 The Senate votes on the motion, and if passed, the suspension ends immediately.
Effects of Termination:
✔️ The Interim County Management Board is dissolved.
✔️ The Governor, Deputy Governor, CECs, and County Assembly resume their duties.
✔️ Officials resume full salaries and benefits.
6. Elections After Suspension
📌 If the suspension is not lifted, elections must be held within 90 days.
📌 The IEBC conducts elections for:
✔️ Governor
✔️ Members of the County Assembly (MCAs)
Conclusion
The suspension of a county government is a rare and serious measure, requiring extensive investigations, Senate approval, and independent oversight. During suspension, an Interim County Management Board takes over, ensuring governance continues. If not terminated early, fresh elections must be held within 90 days.
