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{
    "id": 693971,
    "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/693971/?format=api",
    "text_counter": 102,
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    "content": "the population of Nyeri County. So, how can you have one sub-county administrator serving the 50 per cent population of the entire county and yet you are talking about devolution? Devolution is about decentralization of services and it is allowed by the Constitution in Article 174 and 176(2). So, that charge cannot fly at all. It is completely baseless and without any basis in law. The issue of gender is a serious one for consideration. It is an issue under which Section 60 of the Evidence Act, this House can take judicial notice of what the Supreme Court of Kenya directed; that these issues be done within certain timelines. That is the issue about gender compliance. However, there has been a failure of legislation at the national level on this particular issue. That is an issue that we have to take judicial notice of because the environment in which this impeachment is being crafted is against this policy, challenges and backdrop. But more importantly, the County Executive Committee (CEC) of Nyeri was dully approved and vetted by the County Assembly. If the County Assembly, indeed, says that the Governor has violated the Constitution, then they would never have approved these CEC members for appointment. Remember they are the ones to approve. The Governor only nominates. So, how can they say that the Governor has violated the Constitution and yet they also have a responsibility to reject those appointments? If they had rejected these appointments, it could have been a different issue. So, it cannot lie on the mouth of the County Assembly to then accuse the Governor of violation of the law, something which they have definitely a part and parcel to play. So, there is no gross violation. The County Assembly here cannot approbate and blow hot and cold on this particular issue. Down there on the issue of county secretary, page 31 of the same document, Volume 2, says abuse of office. It says that the Governor has appointed a county secretary. It is important to underline the words; “the Governor has appointed the county secretary” because that is what is important in this charge. The truth is that the Governor has appointed an acting county secretary. The Governor cannot appoint a county secretary without following the due process. It is an acting county secretary and not county secretary. The acting county secretary is appointed from amongst officers who are dully qualified. The officer in question is a chief officer in terms of substance. I remember there is a time when the President of the Republic of Kenya appointed Mr. Francis Kimemia who was then Principal Secretary (PS) for the Ministry of Interior and Co- ordination of National Government to be acting head of Public Service. If you want to appoint someone as acting county secretary or acting head of public service, you appoint from the next pool of persons in the public service. In the county government, you do not appoint a CEC member to be an acting secretary. Instead, you appoint a chief officer who is the next in terms of rank. Is this Chief Officer, Ms. Alice, qualified? Yes, she is qualified and was dully vetted by the County Assembly and approved. Her qualifications are here. She has a Master’s degree. So, on what basis are they saying that she is sitting in that office yet she is not qualified and yet she was approved by the County Assembly? So, that allegation is completely wrong and does not meet the threshold that has been set. In volume 4 of the Governor’s bundle, Page 846 is her Bachelor of Arts Degree. There are also all documentations that show many other trainings that she has undergone. So, she was vetted by the County Assembly and dully approved as Chief Officer and is the one who is acting County Secretary. Public Finance Regulations allow the appointment of an acting person pending the recruitment of a substantive holder. In the same huge bundle on page 1045 to 1053 Volume 4, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}