Diaspora 2012 Senate Aspirants -Pic/Files

The county government set-up system and operation system has to be effected by August 14th 2012 to establish county governments as required by the constitution. Aspiring senate candidates, suggest that allocation of county assembly seats should be as follows: Counties with population of, 560,000 or less, a 12 member assembly (8 elected and 4 nominated), population of 560,000 – 1.2 million, a 15 member assembly (10 elected and 5 nominated), population of 1.2 m- 1.5m, a 18 member assembly (12 elected and 6 nominated), Population of 1.5 m – 2m, a 21 member assembly (14 elected and 7 nominated) and Nairobi with a population above 3 million, a 33 member assembly, (22 elected and 11 nominated.) The candidates recommend that the Independent Elections and Boundaries Commission should have the system to be adopted ready by January 31st 2012.

The following proposals are suggested within the provisions of the constitution.  

County Assembly Creation by Constitution
The constitution creates the following system in Article 177. (1) A county assembly consists of—(a) members elected by the registered voters of the wards, each ward constituting a single member constituency, on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every fifth year; (b) the number of special seat members necessary to ensure that no more than two-thirds of the membership of the assembly are of the same gender; (c) the number of members of marginalised groups, including persons with disabilities and the youth, prescribed by an Act of Parliament; and (d) the Speaker, who is an ex officio member. (2) The members contemplated in clause (1) (b) and (c) shall, in each case, be nominated by political parties in proportion to the seats received in that election in that county by each political party under paragraph (a) in accordance with Article 90. (3) The filling of special seats under clause (1) (b) shall be determined after declaration of elected members from each ward. (4) A county assembly is elected for a term of five years.

Transition County Assembly from County Council
The current system is made up County Council members and a meeting place where the councillors meet.  In transition the following is suggested:

1. The town halls used by the county council members become the County assembly meeting place during the transition period of 6 months or until the new senate enacts legislation to set-up new county assembly.
2. The administrative employees as employed remain until legislation is enacted by each county assembly.  

County Executive Authority
Article 179 (1) The executive authority of the county is vested in, and exercised by, a county executive committee. (2) The county executive committee consists of— (a) the county governor and the deputy county governor; and (b) members appointed by the county governor, with the approval of the assembly, from among persons who are not members of the assembly. (3) The number of members appointed under clause (2) (b) shall not exceed— (a) one-third of the number of members of the county assembly, if the assembly has less than thirty members; or (b) ten, if the assembly has thirty or more members.

Transition to Governor System from District Commissioner System
The current executive system has the Provisional Commissioner and District Commissioners are the administrative executives. In transition, the aspirants for senate recommend the following: 

1. District Commissioner/s Office/s hand over to the Governor in a period of not more than 45 days after election.
2. If in a county a house has being built for the district commissioner then this house should become the official residence of the Governor and the D.C should vacate house 2 weeks after election. 
3. The District commissioner/s in a county should file three copies of completed audited report of all assets and persons working in the administrative system in the county in 30 days with the Senate, Governors office and the County assembly. 
4. The senate once established shall create the bill that shall lead to the operational systems of each county in 90 days.      

Creation of County Governments

1. Based on population of, 560,000 or less, a 12 member assembly (8 elected and 4 nominated), population of 560,000 – 1.2 million range, a 15 member assembly (10 elected and 5 nominated), population of 1.2 m- 1.5m range, a 18 member assembly (12 elected and 6 nominated), 1.5 m – 2m range, a 21 member assembly (14 elected and 7 nominated) and Nairobi with a population above 3 million, a 33 member assembly, (22 elected and 11 nominated.)
2. To establish wards based on “each ward constituting a single member constituency,” 290 wards would be established from the 290 constituencies and 47 wards established from county constituency as applied in 47 women elections to national assembly.
3. The devolved system lead to 705 legislators made up of 460 elected and 235 nominated members. The 235 nominated constituting 1/3 would ensure that no more than two-thirds of the membership of the assembly are of the same gender and meet marginalised groups requirements per Constitution 177 1 (b) and (c). 
4. The total executive committees of 47 counties would have 94 elected members made up of governor and running mate and 234 appointed members to make a total of 328 members.

Formulation through table below

Table columns
Population – Population for each county based on census 2009 in each county
290 – Seats allocated be constitution to create constituencies in every county.
Average- The population divided by the seats allocated to county.

County Assembly Members
A - Wards from 290 constituencies
B - Wards seats based on County as constituency as established through 47 women seats
C- Total elected to county assembly
D - 1/3 allocation for nomination
E - Total members of county assembly
County Executive
F - Governor and Deputy governor elected
G - 1/3 provision and 10 maximum applied for appointed committee
H - Total Executive Committee