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"content": "find that there is another acting Member of CEC for Roads. Out of ten portfolios, there are three who are acting and they are also holding substantive positions. The requirement of the law when it comes to appointment is that the Governor will nominate the CEC members and seek the approval of the Assembly. The moment you have acting appointments, two things will happen. One, you circumvent the requirement of the County Assembly to approve. Secondly, you will get persons who will be acting in those positions, who will not be independent. This is because they know that at the end of the day, if they do not do things that go down well with the appointing authority, they will not be confirmed in those positions. When we now complain about the mismanagement of resources, as has been set out by my learned friend, it is because we have persons in those positions who are acting. They have been acting for the last one year and a few months. It is not that they have a temporary acting position of three months or less, and for good reasons. No attempt whatsoever has been made by the governor to fill those positions substantively. That is a clear violation of the law, when it comes to appointment of county executive committee members. Hon. Senators, when it comes to gender, out of those ten, 90 per cent are of the same gender. There is only one female in charge of special programmes, youth and sports. Again, it does not comply with the gender parity requirements of the Constitution; a gross violation. It cannot be that this is an oversight when we have 90 per cent of the same gender and only 10 per cent of the other gender. When you turn over to page 721, you will actually find that all chief officers within the Nyeri County Government are in an acting capacity. According to the Governor the requirement to get the approval of the assembly to appoint was just for jest; it was just to find its place in our laws. According to him it does not make sense. Therefore, we have these acting appointments and no reason has been given. When we have these acting persons then no wonder we have the litany of transgressions and violation of the law. Since we have persons who are not in those positions substantively, they are, therefore, only answerable to one person. I am told that when some of these people are summoned by the assembly, it only requires a phone call for them to leave a meeting. When you are not in office substantively, it means that you will even be removed without any due process. How can an acting appointment go on for a year, plus? Surely, whichever way we look at it, it is an extremely gross violation of the law. What is even worse is that the obligation to fill these positions substantively is on the governor. We have not been told that the governor has in the past initiated the process of nominating and his nominees have been rejected by the assembly. They can be, but we have not even seen attempts to fill these positions substantively. Mr. Speaker, Sir, Violation ‘C’ is on abuse of office. The governor has made several irregular appointments in the county as follows: The current acting secretary has been appointed in contravention of Section 44 and 64 of the County Governments Act. What is even worse is that besides this person being in an acting capacity, she also does not meet the academic qualifications of a substantive holder. Whereas our laws, under Section 64 of the County Governments Act, contemplate that you can have an appointment in an acting capacity, that person, first, must have the academic qualifications of a substantive holder. Secondly, the acting appointment must be for a limited period of time. What we have in the case of 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."
}