During the period of suspension of a county government, the functions of the county executive committee should be suspended and its functions should be undertaken by an interim county management board
Establishment of the Interim County Management Board
An Interim County Management Board for a suspended county government should be appointed by the President by notice in the (Kenya) Gazette.
The Interim County Management Board should comprise—
- a chairperson appointed by the President with the approval of the Senate;
- not less than three, or more than five other members appointed by the Cabinet Secretary responsible for intergovernmental relations with the approval of the Senate; and
- certified public secretary of good professional standing appointed by the Cabinet Secretary responsible for intergovernmental relations who should be the secretary to the board.
A person should qualify for appointment as a chairperson or a member of the Board if the person—
- is a resident of the county in question;
- has knowledge, expertise and reasonable experience in the management of the security sector or management of the private or public sector, and in addition, a degree from a university recognised in Kenya;
- has not for the last five years stood for elective office in the suspended county government, or been an officer or employee of the suspended county government; and
- has not, for the last five years, been a member of a governing body of a political party.
The Board may co-opt not more than three members with specialised knowledge or expertise to assist in the discharge of specific functions of the Board and on such terms as the Board may specify.
Functions of the Interim County Management Board
The Interim County Management Board should have all powers and functions vested in the county executive committee under the Constitution and under the County Governments Act for the performance of its functions and, in particular, the power to—
- assist the county government in setting up a programme for complete restoration of protection of human rights, peace, security and public order;
- work closely with the county administration in improving the general governance and service delivery;
- summon any member, officer or employee of county government or any other person to appear before the Board concerning matters relevant to its functions;
- summon any member, officer or employee of county government or any other person to produce any books or documents relating to the functions of the Board;
- require the county government to provide additional information or to explain any inconsistency, where the Board determines, based on the information it may have obtained;
- hear and receive evidence and examine witnesses; and
- issue instructions in writing to members, officers and employees of the county government for the better implementation of its functions.
The members of the Board should be paid allowances to cater for their expenses as such reimbursement for reasonable and necessary expenses as should be advised by the Salaries and Remuneration Commission.
The Cabinet Secretary responsible for intergovernmental relations should provide such staff as may be necessary for purposes of the performance of the functions of the Board.
No member of the suspended county government should exercise any supervisory or oversight control over the functions of the Board or its activities.
No matter or thing which is done by a member of the Board, or by any officer, or agent of the Board should, if the matter or thing is done in good faith for the due execution of the functions, powers or duties of the Board under the County Governments Act, render such member, officer, or agent personally liable to any legal action, claim, demand or liability whatsoever.
The Interim County Management Board should within ninety days of appointment prepare and submit to the President a report of its activities and its recommendations.
Dissolution of the Interim County Management Board
The President by notice in the Gazette should dissolve an Interim County Management Board upon the new county government coming to the office after holding elections pursuant to Article 192(6) of the Constitution.