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{
    "id": 693973,
    "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/693973/?format=api",
    "text_counter": 104,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "you will see correspondence between the County Public Service Board and the County Assembly and adverts seeking to recruit chief officers. There is a charge that the County Government has been holding chief officers in acting capacity for too long. There is a process of recruitment but because of the budget stalemate, it cannot be completed. The County Public Service Board (CPSB) cannot complete the recruitment of substantive county secretary and chief officers and the documentation is here. They do not have money to do the recruitment. Secondly, the County Assembly has been in constant communication. This documentation shows the Chair of the CPSB telling the County Assembly the efforts that they are doing to recruit chief officers and the substantive county secretary. So, on what basis again can the County Assembly, having received these correspondences here, say that this thing has not been done by the Governor and yet they know that there is a process of completing this recruitment? As you can see, that evidence principally collapses all the charges on page 35 of volume 2, where there is a charge that the Chair of the CPSB is conducting in the absence of the chairperson and secretary for a very long time. They do not define what “long time” is. They have evidence here of the substantive chairperson of the CPSB resigning on 8th August. We have an acting chair and we have evidence here that is contained in our bundle. So, how can you say that the Governor has kept these officers for too long and yet there is a process of recruitment and all that? Secondly the law allows for the appointment of acting officers. That is important to emphasize. The law allows for the appointment of persons in acting capacity. Third, the Governor has the prerogative under the County Governments Act. This is absolutely critical. He need not have 10 CEC members. If he thinks that only six are sufficient, he can appoint the six and give them different portfolios. Once a CEC member has been approved by the County Assembly, there is no legal requirement for that person to act in another position and must be vetted afresh. The allegation here is that the CEC for Finance is an acting person. Yes, indeed, he is the CEC for Health. However, is there a law that before he acts as the CEC for Health, he must be vetted afresh by the County Assembly? Is there such a law? No. the Governor has powers to reassign. Once you have been vetted, you can be given different portfolios by the governor on acting capacity. That is exclusively the prerogative of the Governor. So, can you impeach the Governor based on the exercise of his constitutional prerogative to reassign a county executive committee member which the law says he can have a minimum six as opposed to ten which most of them have. So, is that a ground for impeachment? These charges are completely baseless and the county assembly should take this House seriously because these charges do not meet the threshold in the Constitution. Mr. Speaker, Sir, at this point in time, I would like to invite the county executive committee member for finance to explain some of these issues with respect to public finances. He is a key witness and a first witness in our document. We have a statement which was submitted early enough. With your permission, the Serjeant-At-Arms may be of help to get him from the room to testify."
}