Article 110. Bills concerning county government
Official Constitutional Text
110. (1) In this Constitution, “a Bill concerning county government” means—
(a) a Bill containing provisions affecting the functions and powers of the county governments set out in the Fourth Schedule;
(b) a Bill relating to the election of members of a county assembly or a county executive; and
(c) a Bill referred to in Chapter Twelve affecting the finances of county governments.
(2) A Bill concerning county governments is—
(a) a special Bill, which shall be considered under Article 111, if it —
(i) relates to the election of members of a county assembly or a county executive; or
(ii) is the annual County Allocation of Revenue Bill referred to in Article 218; or
(b) an ordinary Bill, which shall be considered under Article 112, in any other case.
(3) Before either House considers a Bill, the Speakers of the National Assembly and Senate shall jointly resolve any question as to whether it is a Bill concerning counties and, if it is, whether it is a special or an ordinary Bill.
(4) When any Bill concerning county government has been passed by one House of Parliament, the Speaker of that House shall refer it to the Speaker of the other House.
(5) If both Houses pass the Bill in the same form, the Speaker of the House in which the Bill originated shall, within seven days, refer the Bill to the President for assent.
Plain English Explanation
This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.
Article 110 of the Kenyan Constitution defines and categorizes bills that affect devolved governance to ensure proper legislative routing. It specifies that a "bill concerning county government" is any legislation affecting county powers listed in the Fourth Schedule, laws governing local county elections, or financial bills directly impacting county revenues. The article divides these into two paths: "special bills," which cover county election laws and the annual County Allocation of Revenue Bill, and "ordinary bills" for all other county matters. To prevent jurisdictional clashes, the Speakers of the National Assembly and the Senate must jointly review and agree on a bill's classification before either house can debate it. Once one house passes a county-related bill, it must be forwarded to the other chamber, and if both houses approve it without any changes, the Speaker from the originating house has seven days to send it to the President for official assent.