Under Article 177 of the Constitution and Section 7 of the County Governments Act, 2012, the Migori County Assembly has a membership comprising: members elected by the registered voters of each Ward ; special seats for gender top up to ensure that no more than two-thirds of the membership of the Assembly is of one gender; members of marginalized groups, including persons with disabilities and the youth; and, the Speaker, who is an ex-officio member. Currently, the Assembly has 40elected members, 23 nominated members.
The legislative authority of the County is vested in, and exercised by the County Assembly as stipulated in CoK, Article 185(1) of the Constitution. Additionally, Section 8 of the CGA, 2012 spells out the specific cardinal functions of the Assembly. The functions encompass legislative, representative and oversight mandates, specifically:
Making necessary laws for the effective performance of the functions and exercise of the powers of the County Government under the Fourth Schedule of the Constitution;
Exercise oversight authority of the County Executive Committee and other county executive organs;
Receiving and approving plans and policies for:
The management and exploitation of the County’s resources; and,
The development and management of its infrastructure and institutions.
Vetting and approving nominees for appointment to County public offices;
Approving County Government budget and expenditure (CoK, Article 207; PFM Act, 2012; CGA, 2012, Articles 131, 132, 133, 135 & 136; and, SOs, Articles 206 - 218);
Approving County Government borrowing (CoK, Article 212);
Approving County development planning (CGA, 2012, Article 115(2));
May for purposes of carrying out its functions, establish any committee or committees for such purposes as it deems necessary;
Recommend to the Board the appointment of the Clerk and other officers of the Assembly;
Make its own Standing Orders (SOs) ; and,
Performing any other role as may be set out under the Constitution or legislation.
The Constitution, Article 14 of the CGA, 2012; and, SOs 154, 155, 156 & 191, bestows upon the Assembly, authority to establish any committee or committees for such purposes as it deems necessary. These Committees are charged with the responsibility of overseeing implementation of the provisions of the Constitution in their various special areas. It is through these Committees that the bulk of Assembly work is executed. In essence, they are the technical arm of the Assembly and as such play a significant role in the final decision taken by the Assembly
