The National Assembly has passed the County Governments (Amendment) Bill (Senate Bill No. 25 of 2023), paving the way for a higher voting threshold for the removal of County Executive Committee (CEC) members from office.

The Bill, sponsored by Samson Cherarkey and Hon. Timothy Kipchumba, seeks to amend Section 40 of the County Governments Act by increasing the threshold required to initiate, support and approve the removal of a County Executive Committee member from the current one-third or simple majority to at least a two-thirds majority of members of a County Assembly.

The amendments are intended to strengthen due process and ensure that the removal of County Executive Committee members enjoys broader consensus within county assemblies. Under the proposed law, a motion seeking the dismissal of a CEC member, the establishment of a select committee to investigate the allegations, and the final adoption of the committee's findings will all require the support of at least two-thirds of Members of the County Assembly.

The Bill originated in the Senate, where it was passed on 2 May 2024 before being transmitted to the National Assembly for consideration under Article 110(4) of the Constitution. During its consideration, the Departmental Committee on Administration and Internal Security received submissions from the State Department for Devolution, the Council of Governors and the County Assemblies Forum.

In its report, the Committee observed that while county assemblies play a critical oversight role over county executives, there is also a need to safeguard the constitutional right to fair administrative action. The Committee noted that many successful impeachment motions against County Executive Committee members have subsequently been overturned by the courts, underscoring the need for a more robust and balanced removal process.

During debate, Members also called for enhanced accountability in county governments. Hon. Martha Wangari questioned the growing county wage bill, saying that despite billions of shillings being allocated annually to counties, development outcomes remain inadequate. Hon. Sylvanus Osoro similarly urged Parliament to explore stronger accountability mechanisms to ensure public funds allocated to counties deliver tangible benefits to wananchi.