A Petition is a written prayer to the County Assembly by a member of the public requesting the County Assembly to consider any matter within its authority, including enacting, amending or repealing any legislation.
Form of Petition
A petition shall be in the form set out in the Third Schedule of the Standing Orders and shall:-
(a) be handwritten, printed or typed;
(b) be in English or Kiswahili and be written in respectful, decorous and temperate language;
(c) be free of alterations and interlineations in its text;
(d) be addressed to the County Assembly;
(e) have its subject-matter indicated on every sheet if it consists of more than one sheet;
(f) indicate whether any efforts have been made to have the matter addressed by a relevant body and whether there has been any response from that body or whether the response has been unsatisfactory;
(g) indicate whether the issues in respect of which the petition is made are pending before any court of law or other constitutional or legal body.;
(h) conclude with a clear, proper and respectful prayer, reciting the definite object of the petitioner or petitioners in regard to the matter to which it relates;
(i) subject to paragraph (m), contain the names, addresses, identification numbers, signature or a thumb impression of the petitioner or of every petitioner, where there is more than one petitioner;
(j) contain only signatures or thumb impressions, as the case may be, and addresses and identification numbers written directly onto the petition and not pasted thereon or otherwise transferred to it;
(k) not have any letters, affidavits or other documents annexed to it;
(l) in the case of a petition presented by a Member on behalf of a petitioner, be countersigned by the Member presenting it; and
(m) be signed by the petitioner or if the petitioner is unable to sign, by a witness in whose presence the petitioner shall make his or her mark on the petition.
Procedure of Introducing a Petition to the Assembly
A petition to the County Assembly is submitted to the Clerk by the petitioner and reported to the County Assembly by the Speaker; or presented by a Member on behalf of a petitioner, with the consent of the Speaker. A Member cannot present a petition on his own behalf. The Clerk reviews the petition within seven (7) days of its receipt to ascertain whether the petition meets the requirements of the Standing Orders and of the law. The Clerk then gives necessary directions to ensure that the petition is amended to comply with statutory requirements.
Once satisfied that the petition meets the requirements, the Clerk forwards the petition to the Speaker for tabling in the County Assembly. A Member shall give to the Clerk two (2) sitting days’ notice of intention to present a Petition. Every Petition presented or reported stands committed to the relevant Sectoral Committee.
The Committee shall, in not more than sixty (60) calendar days from the time of reading the prayer, respond to the petitioner by way of a report addressed to the petitioner or petitioners and laid on the Table of the County Assembly and no debate on or in relation to the report shall be allowed, but the Speaker may, in exceptional circumstances, allow comments or observations in relation to the Petitions for not more than twenty Minutes.
The Clerk within fifteen (15) days of the decision of the County Assembly, in writing, notifies the petitioner of the decision of the County Assembly on the petition. The Clerk then forwards copies of responses received to the petitioner or petitioners.