Article 185 of the Constitution as read together with Section 8 of the County Governments Act states that the legislative authority of a county is vested in, and exercised by, its county assembly. No other body or organ can exercise legislative power away from the Assembly. Therefore, like any other county assembly, Kisumu County Assembly has powers to:
- 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.
- exercise oversight over the county executive committee and any other county executive organs.
- Approve a Bill to amend the Constitution of Kenya pursuant to Article 257(5),(6) and (7) of the Constitution of Kenya. A Bill seeking to amend the Constitution by Popular Initiative is submitted by the Independent Electoral and Boundaries Commission for approval in all the County Assemblies. If a majority of them approve it, it then submitted by the Speaker of the Assemblies to the Speaker of the Senate and the National Assembly for approval.
- 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.
- vet and approve nominees for appointment to county public offices as may be provided for in this Act or any other law;
- 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;
- approve the borrowing by the county government in accordance with Article 212 of the Constitution;
- approve county development planning; and
- perform any other role as may be set out under the Constitution or legislation.