Yes, the power to create sub-counties lies with the President


Yes, the power to create sub-counties lies with the President

Wards and constituencies are reviewed by the Independent Electoral and Boundaries Commission

“…Lastly, Etago, it has been an issue and I have been explained by my cabinet secretary Matiang’i that you want it to be a sub-county. A sub-county is a district right? I have said today that it will become a sub-county. Next week, we will gazette it headquarter to be at Etago, and the DC to report by next week…”                                                     

President Kenyatta at a Jubilee rally in Kisii on July 31, 2017

Can the President create a Sub County?

The president announced the creation of a new sub-county in Kisii County. He said that the new sub-county would be at Etago division, and directed the Acting Cabinet Secretary for Interior and Coordination of National Government to effect this and gazette the new sub-county.

Two days earlier, President Uhuru Kenyatta during a rally in Migori announced the creation Ntimaru and Mabera sub-counties in Kuria East and Kuria West. Deputy County Commissioners head sub counties.

According to the Constitution of Kenya, in Article 132 Section 3(b) (c) The President, being the Head of State and government shall direct and co-ordinate the functions of ministries and government departments and assign responsibility for implementation of any act of parliament to a cabinet secretary.

The work of establishing new sub-counties falls under the Ministry of Interior and Co-ordination of National Government, which is currently headed by Acting Cabinet Secretary Fred Matiang’i following the death of Major General Joseph Nkaissery.

The Cabinet Secretary for Interior and Co-ordination of National Government, through the Coordination of National Government Act 2013 Section 14, is given the authority, with the approval of the President, through a notice published in the Kenya Gazette, to establish national government service delivery co-ordination units where necessary for the purposes of coordinating national government functions.

Wards and constituencies are reviewed by the Independent Electoral and Boundaries Commission (IEBC) as indicated in Article 89 (2) of the constitution, and not by the government.                                                                                          

When the sub county is created, President Kenyatta will acted in line with the law by approving the creation of a sub county.

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