The legislative authority of the county assembly is derived from the Constitution of Kenya Article 185. It states that:
a) The legislative authority of the County is vested in, and exercised by, its County Assembly.
b) The County Assembly may make any laws that are necessary for, or incidental to, the effective performance of the functions and exercise of the powers of the county government under the Fourth Schedule.
c) The County Assembly, while respecting the principle of the separation of powers, may exercise oversight over the County Executive Committee and any other county executive organs.
d) The County Assembly may receive and approve plans and policies for:—the management and exploitation of the county’s resources; and the development and management of its infrastructure and institutions
The County Assembly oversight role is defined under Section 8 of the County Governments Act 2012.
The county assembly shall—
(a) Vet and approve nominees for appointment to county public offices as may be provided for in this Act or any other law;
(b) Perform the roles set out under Article 185 of the Constitution;
(c) Approve the budget and expenditure of the County Government in accordance with Article 207 of the Constitution, and the legislation contemplated in Article 220(2) of the Constitution, guided by Articles 201 and 203 of the Constitution;
(d) Approve the borrowing by the County Government in accordance with Article 212 of the Constitution;
(e) Approve county development planning; and
(f) Perform any other role as may be set out under the Constitution or legislation.
The representative function of the Assembly is characterized by;
a) Its role as an avenue for the expression and debate of issues of local and national importance, and the translation of those debates into policies.
b) Members of the County Assembly engaging their constituents in continuing dialogue in order to understand their views and perspectives and to rely on their knowledge on various topics and utilizing their respective offices to voice the resulting ideas.
c) Members of the County Assembly using the formal structure of the Assembly to engage constituents in public participation and provide them with direct access to the decision-making process within the institution.