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{
    "id": 693345,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/693345/?format=api",
    "text_counter": 224,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "Under (B) which is violation of the Law, of the charges, we have set out various Articles of the Constitution. That is (B)(i) on Vol.1 and Vol.2. I just want to flip through a bit quickly because of time. We have (B)(i)-(v) in Vol.1 and Vol.2 of the County Assembly document where we have, for instance, contravention of Section 19 of the Employment Act. This is where you have the County Executive headed by the County Governor failing to make remittances to statutory bodies such as NHIF and NSSF. This is a very basic administrative obligation of the County Executive. Under Section 109(4)(b) which we are saying there has been a gross violation, when there has been delay in remittances of salaries to members of the County Assembly for no good reason. It cannot be that the County Executive can bring about a stalemate situation and say that funds have not been made available and that is why we have to delay your salaries. That would be blackmail because the moment independent organs are now held at the mercy or are made to operate at the mercy of the County Executive; it means you will be told that unless you approve this, you will go without salaries. If that is to be allowed to happen, then the legislative mandate and the independence of the County Assembly to oversight the County Executive in management of County resources will be watered down. That is a gross violation of Section 109(4)(b) of the PFM Act. There has also been a gross violation of Section 30(2)(i) of County Governments Act that requires that the County Governor shall set out all the responsibilities, the duties and the functions of the various holders of the County Executive Committee offices. That is very important. We need to know who is in charge of what function and there is a direct obligation on the office of the Governor to do that under Section 30(2)(i)of the County Governments Act. That has never been done to date. There has also been a gross violation of Section 48(1)(b) of the County Governments Act where you have creation of additional sub-counties within Nyeri without the approval of the County Assembly. Section 48 is very clear that when it comes to sub-counties, they will be in terms of constituencies within that county. That is the first guideline. We have six constituencies within Nyeri County, but eight sub-counties. These two additional sub-counties have no approval whatsoever sought from the County Assembly. These sub-counties are themselves in contravention of the County Governments Act. We have to also put this into perspective because the running of these extra sub-counties requires resources. These resources come from the allocation from the taxpayers’ money. Therefore, the moment that you now violate and create a sub-county, probably, because of some political consideration, then that cannot be allowed to happen. This is because it violates the law and it is an imprudent use of resources that are charged to the County Executive by law. Mr. Speaker, Sir, another violation is with respect to the composition of the County Executive Committee (CEC). I just want to invite you, Mr. Speaker, Sir, and the Hon. Senators to Vol. III of the Assembly document where we have the composition of the CEC. This is found on page 720 of the big document. If you look at page 720, you will find the composition of the CEC. One of the things that will strike you is that we have an acting Executive Member for Finance and Economic Planning, a Dr. Charles G. Githinji who is also the substantive CEC of Health Services. One of the interesting things is that Dr. Charles G. Githinji has been acting in the portfolio of Finance and Economic Planning for a year and four months. So he is the substantive in Health Services and he is also acting in Finance. Then we have a Robert Thuo Mwangi who is the substantive of Agriculture and Livestock and acting in Energy. You will also 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."
}