32. County Governments Act, No. 17 of 2012

The Act provides for county governments' powers, functions and responsibilities to deliver services while Part XI of the Act provides for county planning.

Quick Link: https://new.kenyalaw.org/akn/ke/act/2012/17/eng@2022-12-31

· Section 103 sets out objectives of county planning to include: ensuring harmony between national, county and sub-county spatial planning requirements; facilitating the development of a well-balanced system of settlements and ensuring productive use of scarce land, water and other resources for economic, social, ecological and other functions across a county; maintaining a viable system of green and open spaces for a functioning eco-system; harmonizing the development of county communication system, infrastructure and related services; and developing urban and rural areas as integrated areas of economic and social activity.

· Section 104 places the obligation to plan on the county by providing that a county government shall plan for the county and no public funds shall be appropriated outside a planning framework developed by the county executive committee and approved by the county assembly. This is the basis for preparation of Annual Development Plans (ADP) and County Integrated Development Plans (CIDPs) by county governments. Further, the law provides that the county planning framework shall integrate economic, physical, social, environmental and spatial planning.

· Section 104(3) is to the effect that the county government shall designate county departments, cities and urban areas, sub-counties and Wards as planning authorities of the county. This means they can be vested with giving the requisite approvals and imposing development restrictions in line with the plans of the area. County plans are binding on all sub-county units for developmental activities within a County.

· Section 107 sets out the types of county plans that must be in place as well as their purposes. It provides that each county shall have: county integrated development plan; county sectoral plans; county spatial plan; and cities and urban areas plans as provided for under the Urban Areas and Cities Act.

· The county spatial plan under section 110, is a ten-year county GIS based database system spatial plan which contains strategies and policies that: indicate desired patterns of land use within the county; address the spatial construction or reconstruction of the county; provide strategic guidance in respect of the location and nature of development within the county; and identify programs and projects for the development of land within the county.

· Section 111 provides that each city and municipality shall have: city or municipal land use plans; city or municipal building and zoning plans; city or urban area building and zoning plans; location of recreational areas and public facilities. These city or municipal plans provide for functions and principles of land use and building plans; location of various types of infrastructure within the city or municipality; and development control in the city or municipality within the national housing and building code framework. They are binding on all public and private entities operating within the area of jurisdiction. They are subject to review every 5 years and must be approved by county assemblies.

· Under section 114 of the Act, county assembly may approve or reject development of nationally significant development projects within counties.

· Part XII provides for delivery of county public services. Section 116 provides that a county government and its agencies shall have an obligation to deliver services within its designated area of jurisdiction.

· Section 118 allows for setting up of a county shared services platform aligned to national policies and which enables a county government to enter into an agreement with the national government, another county or an agency of the national government, to provide or receive any service that each county participating in the agreement is empowered to provide or receive within its own jurisdiction.