Assumption of the Office of Governor Act

LAWS OF KENYA
THE ASSUMPTION OF THE OFFICE OF GOVERNOR ACT
CAP. 265A
Revised and published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

Kenya
Assumption of the Office of Governor Act
Cap. 265A
Legislation as at 31 December 2022
By Kenya Law and Laws.Africa. Share widely and freely.
www.kenyalaw.org | [email protected]
FRBR URI: /akn/ke/act/2019/4/eng@2022-12-31
There is no copyright on the legislative content of this document.
This PDF copy is licensed under a Creative Commons Attribution NonCommercial ShareAlike 4.0 License (CC BY-NC-
SA 4.0). This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format
for noncommercial purposes only, and only so long as attribution is given to the creator. If you remix, adapt, or build
upon the material, you must license the modified material under identical terms. CC BY-NC-SA includes the following
elements:
• BY: credit must be given to the creator.
• NC: Only noncommercial uses of the work are permitted.
• SA: Adaptations must be shared under the same terms.
Share widely and freely.

the creator.
• NC: Only noncommercial uses of the work are permitted.
• SA: Adaptations must be shared under the same terms.
Share widely and freely.

Assumption of the Office of Governor Act (Cap. 265A)
Contents
Part I – PRELIMINARY ....................................................................................................................................................................................... 1
1. Short title .................................................................................................................................................................................................... 1
2. Interpretation ............................................................................................................................................................................................. 1
3. Application .................................................................................................................................................................................................. 1
4. Guiding principles ....................................................................................................................................................................................

......................................................................................................................................................

1
Part II – ESTABLISHMENT OF ASSUMPTION OF THE OFFICE OF COUNTY GOVERNOR COMMITTEE .................................. 1
5. Establishment of the Assumption of the Office of Governor Committee ............................................................................ 1
6. Functions and powers of the committee ........................................................................................................................................ 2
7. Sub-committees of the Committee .................................................................................................................................................... 3
8. Procedure of the Committee ................................................................................................................................................................ 3
Part III – ARRANGEMENTS FOR ASSUMPTION OF OFFICE BY THE GOVERNOR-ELECT ............................................................ 3
9. Provision of security to Governor-elect ........................................................................................................................................... 3
10.

lect ........................................................................................................................................... 3
10.

County public officers to provide required information .......................................................................................................... 4
Part IV – SWEARING-IN CEREMONY ............................................................................................................................................................ 4
11. Swearing in ceremony ......................................................................................................................................................................... 4
12. Taking of oath and signing of certificate of inauguration ...................................................................................................... 4
13. Handing over of instruments of power and authority ............................................................................................................. 4
14. Swearing-in of the deputy governor-elect ................................................................................................................................... 5
15.

vernor-elect ................................................................................................................................... 5
15.

Inauguration speech ............................................................................................................................................................................. 5
16. Swearing in of Deputy Governor who assumes office of County Governor ...................................................................... 5
Part V – MISCELLANEOUS PROVISIONS ..................................................................................................................................................... 5
17. Security ...................................................................................................................................................................................................... 5
18. Reports of the Committee .................................................................................................................................................................. 5
19. Management of information and records ..................................................................................................................................... 6
20.

nd records ..................................................................................................................................... 6
20.

Limitation of rights and access to information .......................................................................................................................... 6
21. Funding ...................................................................................................................................................................................................... 6
22. [Spent] ........................................................................................................................................................................................................ 6
23. [Spent] ........................................................................................................................................................................................................ 6
24. Regulations ............................................................................................................................................................................................... 6
FIRST SCHEDULE [ss.

................................................................................................................................ 6
FIRST SCHEDULE [ss.

12(1), 14] ..................................................................................................................................................................... 7
SECOND SCHEDULE [s. 6(3)] ............................................................................................................................................................................ 7

.................................................................................................................................................... 7

Assumption of the Office of Governor Act (Cap. 265A) Kenya
ASSUMPTION OF THE OFFICE OF GOVERNOR ACT
CAP. 265A
Published in Kenya Gazette Vol. CXXI—No. 66 on 24 May 2019
Assented to on 13 May 2019
Commenced on 31 May 2019
[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
An Act of Parliament to provide for the procedure and ceremony for the assumption of the Office of
Governor by the Governor-elect; and for connected purposes
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Assumption of the Office of Governor Act. 2. Interpretation
In this Act—
"Commission" means the Independent Electoral and Boundaries Commission established under Article 88
of the Constitution;
"Committee" means the Assumption of the Office of Governor Committee established under section 5;
"county public officer" has the meaning assigned to it under the County Governments Act (Cap. 265);
"Governor-elect" means the person elected as Governor under Article 180(1) of the Constitution and who
has not assumed office; and
"public officer" has the meaning assigned to it under Article 260 of the Constitution. 3.

0(1) of the Constitution and who
has not assumed office; and
"public officer" has the meaning assigned to it under Article 260 of the Constitution. 3.

Application
The provisions of this Act shall apply—
(a) to the assumption of the Office of County Governor by a Governor-elect; and
(b) with necessary modifications, to the assumption of the Office of the County Governor by a deputy
county governor or a speaker of a county assembly under Article 182(2) and (4) of the Constitution. 4. Guiding principles
In the performance of the functions and exercise of powers under this Act, the Committee shall be guided
by the values and principles set out in Article 10 of the Constitution. Part II – ESTABLISHMENT OF ASSUMPTION OF
THE OFFICE OF COUNTY GOVERNOR COMMITTEE
5. Establishment of the Assumption of the Office of Governor Committee
(1) There is established in each county, the Assumption of the Office of County Governor Committee. 1

e Assumption of the Office of Governor Committee
(1) There is established in each county, the Assumption of the Office of County Governor Committee. 1

Assumption of the Office of Governor Act (Cap. 265A) Kenya
(2) The Committee shall be an ad hoc committee and shall comprise—
(a) the County Secretary who shall be the Chairperson;
(b) the officer in charge of legal matters in the county;
(c) the chief officer in the department responsible for matters relating to county public service;
(d) the chief officer in the department responsible for matters relating to information and
communication;
(e) the chief officer in the department responsible for matters relating to finance;
(f) the chief officer in the department responsible for matters relating to culture and social
services;
(g) a representative of the Ministry responsible for matters related to devolution;
(h) the County Commissioner;
(i) a representative of the National Intelligence Service at the county level;
(j) a representative of the National Police Service at the county level;
(k) the Clerk of the county assembly;
(l) a representative of the Judiciary at the county level; and
(m) two persons, one man and one woman nominated by the Governor-elect.

ounty assembly;
(l) a representative of the Judiciary at the county level; and
(m) two persons, one man and one woman nominated by the Governor-elect.

(3) The Chief Officer in the department responsible for matters relating to the county public service
shall be the secretary to the Committee. (4) The members referred to in subsection 2(h) and (i) shall be the members serving as members of the
County Policing Authority established under the National Police Service Act (Cap. 84)
(5) The members referred to in subsection 2(1) shall be nominated upon the declaration of the final
results of the election of the Governor. (6) The Chairperson of the Committee shall convene the first meeting of the Committee thirty days
before the date of the general elections. (7) In the absence of the Chairperson, the members of the Committee shall elect a Chairperson from
among the members appointed under subsections (2)(b) to (f) to preside over the meeting. (8) A vacancy in the membership of the Committee shall not affect the decisions of the Committee. (9) The quorum for the conduct of business of a meeting of the committee shall be one-third of all the
members of the Committee.

ons of the Committee. (9) The quorum for the conduct of business of a meeting of the committee shall be one-third of all the
members of the Committee.

(10) The term of office of a Committee established under this section shall lapse upon the submission of
the report of the Committee to the county assembly in accordance with section 18. 6. Functions and powers of the committee
(1) The functions of the committee are to—
(a) facilitate the handing over process by the outgoing Governor to the Governor-elect;
(b) ensure and coordinate the provision of security services to the Governor-elect;
(c) put in place the necessary facilities and deploy the necessary personnel for the Governor-
elect upon assumption of office;
2

the Governor-elect;
(c) put in place the necessary facilities and deploy the necessary personnel for the Governor-
elect upon assumption of office;
2

Assumption of the Office of Governor Act (Cap. 265A) Kenya
(d) co-ordinate the briefings of the Governor-elect by the relevant county public officers
including submission of the following information—
(i) an up to date assets register;
(ii) an up to date register of liabilities;
(iii) a complete list of all bank accounts and reconciled balances;
(iv) a report of staff establishment per department;
(v) a comprehensive report on county entities or corporations and agencies containing
information outlined in (i) to (iv);
(vi) a report of all ongoing projects including donor funded projects;
(vii) an up to date report on all pending legal cases; and
(viii) county source of funding. (e) facilitate communication between the outgoing Governor and the Governor-elect;
(f) prepare the programme and organise for the swearing-in ceremony;
(g) prepare the oath and the certificate of inauguration; and
(h) carry out any other activity necessary for the performance of its functions under this Act and
perform any other function assigned to it under any other written law. (2) The Committee shall have all powers necessary for the execution of its functions under this Act and
any other written law.

any other written law. (2) The Committee shall have all powers necessary for the execution of its functions under this Act and
any other written law.

(3) The information to be provided during the briefings referred to under section 6(1)(d) shall be
submitted in the form set out in the Second Schedule and shall be information for a period of up to
thirty days before the date of the general elections. 7. Sub-committees of the Committee
(1) The Committee may establish such sub-committees as may be necessary for the better carrying out
of its functions under this Act. (2) The Committee may co-opt into a sub-committee established under subsection (1), not more
than two persons whose knowledge and skills are necessary for the effective functioning of the
Committee. 8. Procedure of the Committee
Except as otherwise provided in this Act, the Committee shall determine its own procedure. Part III – ARRANGEMENTS FOR ASSUMPTION
OF OFFICE BY THE GOVERNOR-ELECT
9. Provision of security to Governor-elect
Upon the declaration of the final results of the election of the Governor by the Commission under Article
180 of the Constitution and section 39 of the Elections Act (Cap. 7), the Committee shall ensure that the
Governor-elect and Deputy Governor-elect are accorded adequate security. 3

ction 39 of the Elections Act (Cap. 7), the Committee shall ensure that the
Governor-elect and Deputy Governor-elect are accorded adequate security. 3

Assumption of the Office of Governor Act (Cap. 265A) Kenya
10. County public officers to provide required information
(1) The Committee shall, in consultation with the Governor-elect, carry out such preparations as may
be necessary for the purpose of the assumption of office by the Governor-elect. (2) The county governor-elect may for the purpose of subsection (1) request in writing, for such
information from a county public officer as the county governor-elect may consider necessary. (3) A county public officer from whom information is requested under subsection (2) shall provide the
information within a reasonable time. (4) A county public officer who fails to comply with the provisions of this section commits an offence
and is liable, on conviction, to a fine not exceeding three hundred thousand shillings or to
imprisonment for a term not exceeding one year, or to both. Part IV – SWEARING-IN CEREMONY
11. Swearing in ceremony
(1) The Committee shall publish, by notice in the Kenya Gazette and the county Gazette, the date, time
and place for the conduct of the swearing-in ceremony.

Committee shall publish, by notice in the Kenya Gazette and the county Gazette, the date, time
and place for the conduct of the swearing-in ceremony.

(2) The County Governor-elect shall be sworn-in on the first Thursday after the tenth day following the
declaration of the final results of the election of the County Governor by the Commission. (3) The swearing-in of the County Governor-elect shall be conducted in a public ceremony before a
High Court Judge. 12. Taking of oath and signing of certificate of inauguration
(1) The County Governor-elect shall, during the swearing-in ceremony, make and subscribe to the oath
or affirmation of office as prescribed in the First Schedule. (2) The oath or affirmation under subsection (1) shall be administered not earlier than 10:00 am and
not later than 2:00 pm. (3) Upon making and subscribing to the oath or affirmation under subsection (1), the County Governor
shall sign a certificate of inauguration in the presence of the High Court Judge who conducts the
swearing in ceremony under section 15. 13.

Governor
shall sign a certificate of inauguration in the presence of the High Court Judge who conducts the
swearing in ceremony under section 15. 13.

Handing over of instruments of power and authority
(1) Upon signing the certificate of inauguration, the outgoing County Governor shall handover to the
County Governor elect the following county symbols as a sign of transfer of executive power and
authority—
(a) the county flag;
(b) the county coat of arms;
(c) the Constitution; and
(d) the county public seal. (2) The provisions of this section shall not apply where—
(a) the outgoing governor is not present during the inauguration; or
(b) the incumbent is re-elected into office. 4

his section shall not apply where—
(a) the outgoing governor is not present during the inauguration; or
(b) the incumbent is re-elected into office. 4

Assumption of the Office of Governor Act (Cap. 265A) Kenya
(3) The County Governor-elect shall, upon receiving the instruments of power be considered to have
assumed the office of county governor. (4) Failure by the outgoing County Governor to handover the instruments of power to the County
Governor-elect shall not invalidate the assumption to the office of County Governor by the County
Governor-elect. 14. Swearing-in of the deputy governor-elect
The deputy county governor-elect shall make and subscribe to the oath or affirmation of office as
prescribed in the First Schedule. 15. Inauguration speech
The County Governor shall, upon the swearing-in of the deputy county governor-elect, give an
inauguration speech to the county. 16.

nauguration speech
The County Governor shall, upon the swearing-in of the deputy county governor-elect, give an
inauguration speech to the county. 16.

Swearing in of Deputy Governor who assumes office of County Governor
(1) The provisions of this Act relating to the swearing in ceremony of a County Governor-elect shall
apply, with the necessary modifications—
(a) to the swearing in ceremony of a Deputy Governor who assumes the office of the County
Governor;
(b) to the swearing in ceremony of a Deputy Governor who is nominated to fill in a vacancy in
the office of the Deputy Governor upon assumption by the Deputy Governor of the office of
the County Governor; or
(c) to swearing of a speaker of a county assembly who assumes office under Article 182(5) of the
Constitution. (2) Upon nullification of an election of a county governor and a receipt of the notification by a relevant
speaker, the speaker of a county assembly shall assume office as a governor within seven days and
an election shall be held pursuant to Article 182 (5) of the Constitution. Part V – MISCELLANEOUS PROVISIONS
17. Security
The head of the National Police Service in the county shall ensure the provision of adequate security
during the conduct of the swearing-in ceremony. 18.

head of the National Police Service in the county shall ensure the provision of adequate security
during the conduct of the swearing-in ceremony. 18.

Reports of the Committee
(1) The Committee shall, within a period of one month from the date of the swearing-in of the County
Governor-elect, cause to be prepared a report on the affairs of the Committee. (2) The Committee shall submit to the respective county assembly the report prepared under
subsection (1). (3) The report shall contain, in respect of the assumption of office by the county governor-elect under
this Act—
(a) the financial statements of the Committee;
(b) a description of the activities of the Committee;
5

ce by the county governor-elect under
this Act—
(a) the financial statements of the Committee;
(b) a description of the activities of the Committee;
5

Assumption of the Office of Governor Act (Cap. 265A) Kenya
(c) such other statistical information as the Committee considers appropriate relating to its
mandate; and
(d) any other information relating to its functions that the Committee considers necessary. (4) The Committee shall cause the report to be published in the Gazette and in such other manner as
the Committee may determine. 19. Management of information and records
(1) The Committee shall publish and publicize all important information within its mandate affecting
the respective county. (2) A request for information in the public interest by a citizen—
(a) shall be addressed to the Chairperson of the Committee or such other person as the
Committee may for that purpose designate;
(b) may be subject to the payment of a reasonable fee in instances where the Committee incurs
an expense in providing the information; and
(c) may be subject to confidentiality requirements of the Committee. 20.

ances where the Committee incurs
an expense in providing the information; and
(c) may be subject to confidentiality requirements of the Committee. 20.

Limitation of rights and access to information
(1) The Committee shall not comply with a request for information by an applicant where—
(a) disclosure of such information would be prejudicial to the security arrangements in place for
the assumption of office of county governor;
(b) the disclosure of such information is undesirable in the public interest; or
(c) the information requested is at a deliberative stage by the Committee. (2) The Committee may decline to submit information to the applicant where—
(a) the applicant has failed to satisfy the confidentiality requirements to the Committee; or
(b) payment of the prescribed fee has not been made. (3) The right of access to information under Article 35 of the Constitution shall be limited with respect
to information within the custody of the Committee in the manner and to the extent specified
under this section. (4) Every member and staff assigned to the committee shall sign a confidentiality agreement. 21. Funding
The funding for the assumption of office of a governor committee shall be borne by the respective county
government. 22. [Spent]
23. [Spent]
24.

nding
The funding for the assumption of office of a governor committee shall be borne by the respective county
government. 22. [Spent]
23. [Spent]
24.

Regulations
The county executive committee member responsible for the county public service may make regulations
for the better carrying into effect of the provisions of this Act. 6

e committee member responsible for the county public service may make regulations
for the better carrying into effect of the provisions of this Act. 6

Assumption of the Office of Governor Act (Cap. 265A) Kenya
FIRST SCHEDULE [ss. 12(1), 14]
OATHS AND AFFIRMATIONS
OATH OR AFFIRMATION FOR GOVERNOR
I .................., do swear/solemnly affirm that I shall always truly and diligently serve the people and the Republic
of Kenya in the office of the Governor of .................county; that I shall diligently discharge my duties and
perform my functions in the said office; and I will do justice to all in accordance with the Constitution and the
Laws of Kenya without fear, favour, affection or ill-will. (In the case of an oath: SO HELP ME GOD). OATH OR AFFIRMATION FOR DEPUTY GOVERNOR
I .................., do swear/solemnly affirm that I shall always truly and diligently serve the people and the
Republic of Kenya in the office of the Deputy Governor of .................................. County; that I shall diligently
discharge my duties and perform my functions in the said office; and I will do justice to all in accordance with the
Constitution and the Laws of Kenya without fear, favour, affection or ill-will. (In the case of an oath: SO HELP ME
GOD). SECOND SCHEDULE [s. 6(3)]
FORMAT FOR COUNTY INFORMATION
1.

enya without fear, favour, affection or ill-will. (In the case of an oath: SO HELP ME
GOD). SECOND SCHEDULE [s. 6(3)]
FORMAT FOR COUNTY INFORMATION
1.

County Assets — Paragraph 1(d)(i)
A summary of assets currently held by the county government derived from an up-to-date assets registers
in conformity with the provisions of the Public Finance Management Act (Cap. 412A)the Public Finance
Management (County Government) Regulations (sub. leg) and Guidelines issued by the Public Sector
Accounting Standards Board; the Public Procurement and Asset Disposal Act (Cap. 412C) and the Public
Procurement Regulations (sub. leg). Assets should include those inherited from the defunct local authorities, those transferred from the
National Government and those acquired by the county government since 2013 including all assets that
have disputes or outstanding unresolved matters. No. Category of Assets Quantity Status Ownership
Documents
Remarks
1. Land
Categories
(i) Residential estates (rental
(ii) Staff housing
(iii) Office Blocks
(iv) Learning institutions
7

tus Ownership
Documents
Remarks
1. Land
Categories
(i) Residential estates (rental
(ii) Staff housing
(iii) Office Blocks
(iv) Learning institutions
7

Assumption of the Office of Governor Act (Cap. 265A) Kenya
(v) Farm land
(vi) Rented premises
(vii) Undeveloped
(viii) Others
2. Motor Vehicles
3. Plant and Equipment
4. Furniture and Fittings
5. ICT equipment, computers and
computer accessories
6. Intangible assets (software)
7. Heritage and cultural assets
8. Biological assets
9. Investments
10. Debtors including outstanding
imprests, salary advances, car
loan, mortgages and any other
recoverable and advances, unpaid
rent (detailed listings to be
attached)
Note:
(a) Land and buildings — indicate whether titles are available or not;
(b) Motor vehicles — indicate whether the log books are available or not;
(c) Plant and equipment—indicate whether the log books or certificates are available or not; and
(d) Intangible assets (software) — indicate whether contracts or licenses are available or not.
2. County Liabilities - Paragraph 1(d)(ii)
Summary of liabilities currently owed by the county government derived from an up-to date schedule of
liabilities. Supporting documents should be prepared and availed for scrutiny.
8

owed by the county government derived from an up-to date schedule of
liabilities. Supporting documents should be prepared and availed for scrutiny.
8

Assumption of the Office of Governor Act (Cap. 265A) Kenya
No. Category of liabilities Amount Status Remarks
1. Loans and overdrafts (including accrued interest)
2. Creditors
3. Unremitted statutory deductions (including penalties)
4. Unpaid personnel emoluments
5. Legal liabilities
6. Contingent liabilities
7. Any other
3. County Bank Accounts and Reconciled Balances - Paragraph 1(d)(iii)
Summary of all bank accounts and reconciled balances currently owned by the county government. Bank
statements and certificates must be availed. For Cash on hand a cash survey should be conducted.
No. Account name Account No. Bank Amount Remarks
1.
2.
3.
4.
5.
4. County Staff Establishment per Department-Paragraph 1(d)(iv)
Summary of human resource information of the county government derived from an up-to-date personnel
records in conformity with the provisions of Constitution of Kenya, County Government Act (Cap. 265),
Public Service (Values and Principles) Act (Cap. 185A) and any other legislation and guidelines issued from
time to time on human resource management in the public service.
9

nd Principles) Act (Cap. 185A) and any other legislation and guidelines issued from
time to time on human resource management in the public service.
9

Assumption of the Office of Governor Act (Cap. 265A) Kenya
5. County Entities, Corporations and Agencies — Paragraph 1(d)(v)
Summary of Entities, Corporations and Agencies either partially or wholly owned by the County
Government.
No. Name of Entity Function Shareholding (%) Directorship Remarks
1.
2.
3.
4.
5.
6. Ongoing/multiyear projects and donor funded projects in the County — Paragraph 1(d)(vi)
Summary of all on ongoing/multiyear projects and donor funded projects in the County indicating whether
the projects are active, stalled, abandoned, terminated or rescaled on the remarks column.
No. Project Source of
Funding
Contract
Value
Expenditure to Date Implementation Status
(%)
Remarks
10

d, terminated or rescaled on the remarks column.
No. Project Source of
Funding
Contract
Value
Expenditure to Date Implementation Status
(%)
Remarks
10

Assumption of the Office of Governor Act (Cap. 265A) Kenya
1.
2.
3.
4.
5.
7. Pending litigation - Paragraph 1(d)(vii)
Summary of all cases where the county government is a party either as a plaintiff/applicant or defendant/
respondent. It should also include proceedings under alternative dispute resolution (ADR) mechanism
and cases instituted by or against the Council of Governors. Specific details on each case number, place of
suing, parties, advocates on record, relief sought, status, legal fees (paid and outstanding) and any other
relevant information to be prepared and availed for scrutiny.
No. Nature of Case Total No. of
Cases
No. of cases where County is
the Plaintiff/Applicant
No. of cases where County is
the Defendant/Respondent
Remarks
1.
2.
3.
4.
5.
8. County Sources of Funding for Preceding Five Financial Years — Paragraph 1(d)(viii)
Summary of all sources of funds for the preceding five financial years and the projections for the upcoming
financial year.
No.Revenue Source FY 20.../
20.....
(Actual)
FY 20.../
20.....
(Actual)
FY 20.../
20.....
(Actual)
FY 20.../
20.....
(Actual)
FY 20.../
20.....
(Actual)
FY 20.../
20.....
(Actual)
Remarks
1. Equitable share
11

...
(Actual)
FY 20.../
20.....
(Actual)
FY 20.../
20.....
(Actual)
FY 20.../
20.....
(Actual)
FY 20.../
20.....
(Actual)
Remarks
1. Equitable share
11

Assumption of the Office of Governor Act (Cap. 265A) Kenya
2. Conditional
grants
3. Own source
revenue
4. Unconditional
grants
5. Development
partners
6. Borrowings
7. Other sources
12