You are on page 1of 5

Republic of Kenya

GOVERNMENT OF MACHAKOS
OFFICE OF THE GOVERNOR
Telephone: +254-44-21017 H.C.D.A. Building
Fax; +254-44-20655 Machakos Highway
Mobile: +254-716-966938, 738-545300 P.O. Box 1996-90100
When replying please quote Machakos, Kenya

APPOINTMENT OF MACHAKOS COUNTY EXECUTIVE COMMITTEE


MEMBERS (MINISTERS)

20th July, 2018

INTRODUCTION AND BACKGROUND

1. In order to carry out the functions devolved to Counties, the


Constitution of Kenya vests the Executive authority and its exercise on
the County Executive Committee.

2. After my re-election, I nominated an initial 5 Ministers and submitted


them for vetting by the County Assembly. The Assembly rejected all the
five nominees on grounds which, many believe, were largely influenced
by political biases than the legal requirements for vetting.

3. After the above events, I held a series of consultations with the


Assembly leadership, I implored upon them on the need to set
Government structures so as to accelerate development for the sake of
Mwananchi

4. These consultations led to me appointing three Ministers from my


outgoing Cabinet and nominating seven others for vetting by the
Assembly

Page 1 of 5
5. In accordance with Article 179 (2) (b) of the Constitution of Kenya,
2010 and Section 30 (2) (d), (e), of the County Governments Act, 2012
I submitted the names of the seven nominees, the portfolios to which I
had nominated them and their curriculum vitaes to the Assembly for
vetting on 17th May, 2018.

6. The list was committed to the County Assembly through


communication by the Speaker on 21st May, 2018.

7. As required under the law, the Assembly Appointment Committee


notified members of the public of the nominations and invited them to
make any representations regarding the suitability or otherwise of the
nominees through a newspaper advert on 25th May, 2018.

8. Through the same advertisement, the nominees were also notified of the
dates and place of their vetting hearings.

9. Subsequently, all the nominees appeared before the Appointments


Committee for their vetting at different dates starting from 11th June,
2018.

10. After the vetting process, the Appointments Committee tabled its report
to the County Assembly on 18th July, 2018.

11. Debate on the report was however interrupted by a motion seeking


stoppage of the discussion of the report.

12. The said motion was eventually put to vote where a majority of the
members voted in its favour.

Page 2 of 5
13. It therefore follows, by failure to discuss the report, that the Assembly
NEITHER APPROVED NOR REJECTED any of the nominees as
required by the Public Appointments (County Assemblies) Approval Act.

WAY FORWARD

14. Section 9 of the Public Appointments (County Assemblies Approval)


Act provides as follows:

Section 9: Period for Consideration and Report

1) Unless otherwise provided in any law, a Committee shall


consider a nomination and table its report in the County
Assembly for debate and decision within twenty-one sitting
days from the date on which the committee first sits to
consider nomination.

2) At the conclusion of an approval hearing, the committee


shall prepare its report on the suitability of the candidate
to be appointed to the office to which the candidate has been
nominated and shall include in the report such
recommendations as the Committee may consider necessary,
including a recommendation on whether or not the nominee
should be approved for appointment to public office.

15. Further Section 9 of the Public Appointments (Parliamentary Approval)


Act provides as follows:

Page 3 of 5
Section 9: Failure of Parliament to act on nomination

If, after expiry of the period for consideration specified in


section 8, Parliament has neither approved nor rejected a
nomination of a candidate, the candidate shall be deemed to
have been approved.

16. A clear computation of time, from the Assembly sittings as captured in


the Hansard Reports, from the dates highlighted earlier, shows that the
Vetting process including debate and decision by the County, has taken
well over 21 sitting days, against the provisions of Section 9 of the
Public Appointments (County Assemblies Approval) Act, which is the
equivalent of Section 8 of the Public Appointments (Parliamentary
Approval) Act.

17. In exercise of the powers conferred to me as Governor of Machakos


County by Article 179(2)b as read together with Section 30 2 (d), (e)
and 35 of the County Governments Act, 2012, I appoint the following
to be Members of the Machakos County Executive Committee in the
portfolios specified against their names.

1) Ms. Evelyne Kavuu Mutie - Energy, Lands, Housing and Urban


Development

2) Eng. Morris Omuyoma Aluanga - Roads, Transport and Public


Works

3) Mr. Titus Nzeki Matiku Kavila - County Administration and


Decentralized Units

Page 4 of 5
4) Mr. Francis Kiio Mwaka - Trade, Industrialization and
Innovation

5) Mr. Kimeu Mbithi Kimeu - Public Service, Quality


Management and ICT

6) Mr. Urbanus Musyoka Wambua - Agriculture, Food Security


and Cooperative Development

7) Mr. Lazarus Kivuva - Education, Skills Training and Social


Welfare

18. This decision is made in the best interest of the people of Machakos and
in upholding the Constitution and rule of law which I swore to protect
and abide with, at all times in the exercise of my duties as Governor.

Thank you.

H.E. Dr. Alfred N. Mutua, EBS


GOVERNOR.

Page 5 of 5

You might also like