Pre-swearing briefing on convening of the first sitting of the county assembly
WHAT YOU NEED TO KNOW
It is notified for the information of the Members-Elect and the general public, the following important information relating to the convening of the First Sitting of the County Assembly:
- First Sitting of the Assembly
Section 7B (1) of the County Government Act, 2012 provides that whenever a new County Assembly is elected, the governor, by notice in the gazette shall appoint the place of sitting within the County as set out in the third schedule and the date of the first sitting of the new County Assembly which shall not be more than thirty days from the date on which the County Assembly shall be fully constituted as provided for under Section 7A.
In this regard, the notification of the date of the First Sitting of the Third County Assembly by H.E the Governor is in due course and upon notification the information will be publicized to all the Members-Elect of the County Assembly.
- Business of the First Sitting
- Swearing-in of Members-Elect: During the First Sitting of the County Assembly the Clerk of the County Assembly shall administer Oath or affirmation of office to the Members-Elect present as per the County Assembly Standing Orders.
- Election of Speaker and Deputy Speaker: upon the swearing-in of Members-Elect, Members shall proceed with the election of the Speaker and the Deputy Speaker of the County Assembly at the same sitting. More information on the election of the Speaker and the Deputy Speaker will be availed during the orientation session.
- Orientation Sessions
Ahead of the First Sitting of the Assembly, the County Assembly is in the process of organizing Orientation Sessions for all the Members-Elect at a date to be communicated upon the Gazettement of the First Sitting as per (i) above. The Orientation Sessions are to be held at the County Assembly Chuka offices and the County Assembly Chambers at Kathwana respectively. The orientation programme will be shared in due course.
- Declaration of Vacancy in The Office of The Speaker
Pursuant to Article 178 of the Constitution of Kenya 2010, Section 11(1)(a) of the County Government Act, 2012 and Standing Order 20 of the Tharaka Nithi County Assembly Standing Orders, the Office of the Speaker of the County Assembly shall become vacant upon the First Sitting of the County Assembly.
- Who qualifies to be elected as Speaker of the County Assembly
Article 178 of the Constitution of Kenya, 2010 and Section 9A of the County Government Act 2012, provides for the election of the speaker of the County Assembly. It provides that each County Assembly shall have a Speaker elected by the County Assembly from among persons who are not members of the Assembly, who shall be elected by that County Assembly in accordance with the Standing Orders, from among persons who are qualified to be elected as members of County Assembly but are not such members.
- Nomination for election to the Office of the Speaker
Standing Order 7 provides that Upon the Governor notifying the place and date for the first sitting of a new Assembly pursuant to Standing Order 3, the Clerk shall by notice in the Gazette and at least two newspapers of national circulation, notify that fact and invite interested persons to submit their nomination papers for election to the office of Speaker.
Further to the above, a person who wishes to participate in the election must be nominated by two (2) Members-Elect of the County Assembly of Tharaka Nithi.
Pursuant to Standing Order 7(2) the completed nomination forms, together with the curriculum vitae of each candidate and relevant supporting documents should be returned to the Office of the Clerk of the County Assembly at least Forty-Eight (48) hours before the Assembly assembles for the purposes of the First Sitting.
- Election of the Deputy Speaker
Pursuant to Standing Order 16 of the County Assembly Standing Orders, the procedure for electing a Deputy Speaker is, with necessary modifications, the same as that prescribed for the election of the Speaker. In this regard, any Member interested to vie for election as a Deputy Speaker shall be required to comply with the same nomination procedure.
- Process for applying for the position
Upon declaration of the vacancies by the Clerk of the County Assembly an interested person shall be required to duly fill out a nomination form. The nomination form shall be accompanied by the names and signatures of two Members-Elect who support the candidate, a declaration by the them that the candidate is qualified to be elected as a Member of the County Assembly under the Constitution and is willing to serve as Speaker of the County Assembly.
- When and where to collect nomination papers
Upon the appointment of the place and date for the First Sitting of the new Assembly by H.E the Governor, the Clerk of the County Assembly shall formally declare the vacancies in the Office of the Speaker and Deputy Speaker of the County Assembly and invite interested persons who qualify for election as Speaker and Deputy Speaker of the County Assembly to collect the nomination forms. The dates, time and place for the collection of the nomination forms and the date and time for return of nomination forms shall be specified in the notification of the Clerk.
The candidates shall be required to submit:
- Clearance from the Independent Electoral and Boundaries Commission evidencing the fact that the candidate is qualified to be elected as a Member of the County Assembly under Article 193 of the Constitution of Kenya, 2010 and the candidate is not such a Member, in the case of the position of the Speaker.
- A copy of his or her National Identity Card;
- Two recent coloured passport photographs;
- A copy of his or her curriculum vitae(CV); and
- Copies of the candidate’s academic certificates and other relevant documents in accordance with Article 193 of the Constitution.
- How election of the Speaker and Deputy Speaker shall be conducted
The Tharaka Nithi County Assembly Standing Orders 6, 7, 8, 9, 10, 11, 13 and 16 provide for the procedure on the election of the Speaker and Deputy Speaker is conducted through secret ballot. The procedure for electing a Deputy Speaker shall with necessary modifications, be the same as that prescribed for the election of the Speaker.
- Further information
For more information, visit our website: Www.tharakanithiassembly.go.ke or you may contact the office of the Clerk of the County Assembly:
P.O Box 694-60400 Chuka
AMOS K. SIKWEYA
CLERK OF THE COUNTY ASSEMBLY