Rude shock for governors as MCAs reject choice of CECs

Machakos Governor Alfred Mutua

After holding elaborate swearing-in ceremonies, all eyes were trained on governors and the new teams they would pick to run affairs of the devolved units.

It has now emerged that some governors are staring at political stalemate over their County Executive Officers (CECs) and other top officials.

It was all smooth for some counties like in Nairobi, Nandi and Uasin Gishu where the respective Houses approved names of CECs but matters have been different in other devolved units.

Though all governors promised to settle for qualified persons, balancing tribal and gender as they craft CECs ready to deliver on their campaign pledges, some choices have elicited storm.

In Mandera, for instance, a political stalemate is looming after Governor Ali Roba insisted that he will not change the list of those he nominated even after the Assembly rejected the names last Thursday.

“I am aware of what they are after. This was a predetermined position which is on record and in public domain. They had vowed to drop all CECs even before the list was forwarded to the House,” he claimed.

Mandera Governor Ali Roba

Governor Roba said he is being punished for falling out with the Gurreh Council of Elders and refusing to honour the so called negotiated democracy. He has been accused of picking his nominees from Mandera East and South, but he rubbished the claims saying all clans are represented regardless of where one resides.

He said the Thursday incident was well-planned and recalled that Economic Freedom Party MCAs walked out on him during the official opening of the Assembly in September.

“When the MCAs walked out on me they also swore to reject my CEC nominees,” he said.

He urged local leaders to stop peddling political animosity saying the positions need to be filled for residents to get services. Assembly members have laid bare their decision to reject or approve some of the nominees.

Machakos County Assembly dismissed five names presented by Governor Alfred Mutua citing qualifications and experience. Committee chair in-charge of appointments said CECs are supposed to implement legislation and coordinate the functions of the county administration and its departments.

They are also supposed to perform any other functions conferred on them by the Constitution or national legislation. The County Government Act requires that persons appointed to the executive committee should be Kenyan citizens with a first degree. They should also meet the leadership and integrity requirements outlined in Chapter Six of the Constitution and should have knowledge, experience and a distinguished career of not less than five years in the field relevant to the portfolio of the department to which the person is being appointed.

Temporary orders

The Employment and Labour Relations Court sitting in Nakuru suspended the vetting of ten nominees after Nakuru Town West MP Samuel Arama challenged the list. Justice Stephen Radido last Thursday issued temporary orders restraining the Assembly from vetting the nominees, until the matter is heard and determined. Vetting had been scheduled for October 23 and 24. The MP argued that the list presented for vetting did not represent the composition of the cosmopolitan county. In Homa Bay, two men moved to court to stop the Assembly and Governor Cyprian Awiti from filling CEC positions.

Evance Otieno and Wycliffe Odhiambo want the process halted until their case is heard and determined.

In their affidavit, they said the Constitution and the County Government Act must be respected. They said members of the marginalised communities’ interest groups such as youths had been discriminated and denied nominations.

Some members of the Suba community have also gone to court to stop the appointments for lack of representation.

In Siaya, angry youths held MCAs hostage for nearly an hour for rejecting nine candidates nominated for county executive posts.

They were unhappy with the ward representatives for rejecting the list by Governor Cornel Rasanga. The youth had vowed not to let MCAs out until they passed the names of rejected candidates but they were dispersed by officers. In Kericho, the Employment and Labour Relations Court stopped the vetting of five CECs members following a case filed by Persons with Disabilities (PWDs).

Justice Njagi Marete also certified the petition filed by Richard Kipyegon Kitur as urgent and stopped governor Paul Chepkwony, Kericho County Public Service Board and the Attorney General to suspend the process.

“It is hereby ordered that conservatory orders be and is hereby issued suspending the screening, vetting, nomination and appointment of members of County executive committee of Kericho County by 1st and 2nd respondent,” said Justice Marete.

Victor Lando, Kitur stated that governor Chepkwony had disregarded the constitutional and statutory requirements in the nomination of PWDs to his Cabinet.

To avoid such situations, Kakamega Governor Wycliffe Oparanya opted to hire Price Water Coopers to interview suitable candidates for the top county posts.

Others are under pressure to name their cabinets but insist they are still looking for the best candidates.