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{
    "id": 691855,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/691855/?format=api",
    "text_counter": 11,
    "type": "other",
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    "content": "(2) Utilizing local revenue at source, contrary to Article 207 of the Constitution of Kenya 2010 and Section 109 of the Public Finance Management Act, 2012. (3) Irregular procurement contrary to the Public Procurement and Disposal Act, 2005. (4) Lack of prudence in refurbishment of buildings amounting to Kshs81,384,118.40 in contravention of Article 201(d) of the Constitution of Kenya 2010 and Section 104(1)(i) of the Public Finance Management Act, 2012. (5) Splitting of tenders contrary to Section 30 of the Public Procurement and Disposal Act, 2005. (6) Lack of prudence in use of public funds, contrary to Section 201(d) of the Constitution of Kenya, 2010 and Section 104(1)(i) of the Public Finance Management Act, 2012. (7) Failure to establish the County Budget and Economic Forum as stipulated under Section 137 of the Public Finance Management Act, 2012. (8) Undermining the Legislative Authority of the County Assembly, contrary to Article 185 of the Constitution of Kenya, 2010 and delaying the budget making process. (9) Failure to consider and/or assent to County Bills passed by the County Assembly, contrary to Section 30(2)(g) of the County Governments Act, 2012. Ground B: Failure to comply with the law The County Governor failed to comply with the law in the following ways:- (1) Violation of Article 41(1) of the Constitution of Kenya, 2010 that ensures every person the right to fair labour practices and Section 19 of the Employment Act by failing to remit and/or delaying the remittance of statutory deductions of county officers, that is, NHIF, NSSF, voluntary pension contributions and political parties remittances. (2) Contravention of Section 109(4)(b) of the Public Finance Management Act by the County Executive under the stewardship of the Governor by deliberately delaying release of salaries for the month of July, 2016 for MCAs and staff of the County Assembly. (3) Failure to define the responsibility of every member of the County Executive Committee by notice in the gazette, contrary to Section 30(2)(i) of the County Governments Act. (4) Establishment of extra sub-counties in Nyeri County in contravention of Section 48(1)(b) of the County Governments Act and without the approval of the Assembly. (5) Failing to consider gender parity, representation of minorities, marginalized, the community and cultural diversity in composing the County Executive Committee. Ground C: Abuse of Office/Gross Misconduct The County Governor of Nyeri made several irregular appointments as follows:- (1) Appointment of a County Secretary (Ms. Alice Njamiu Wachira) in acting position for an indefinite period of time, contrary to Section 44 and 64 of the County Governments Act. The said Acting County Secretary had, via a resolution of the County Assembly, been found unsuitable to hold the position and further resolved that the County Secretary vacates office, a resolution that was ignored by the Governor. (2) Appointment of an Acting Secretary of the County Public Service Board (CPSB) from among officers of the County Government who has not been vetted, contrary to Section 58 of the County Governments Act. (3) Operating for a long duration with perennial acting County Executive Committee Members and acting Chief Officers who have not been vetted by the County Assembly thereby jeopardizing service delivery and accountability in the County. 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."
}