COUNTY ASSEMBLY OF NAKURU THE HANSARD Wednesday 18 th April, 2018 Assembly Building The House met at 10.25am [The Speaker (Hon. Joel Kairu) in the Chair]. PRAYERS COMMUNICATION FROM THE CHAIR The Speaker (Hon. Joel Kairu): Thank you, I have a few Communications to make; SALARY There is a Communication from the HR Department; Honourable Members, kindly note that your salary was erroneously taxed in the month of March 2018, and to avoid the same in April, we decided to subtract Kshs. 10 312 from your sitting allowances to enable us comply with the SRC s Circular of 2013. We are in the process of refunding the money that was over taxed last month. Further, take note that only 34 Members have complied with the Ward Staff Policy of signing contracts. The guideline for signing of the Ward Staff contacts has been extended to 30 th April 2018. Those who will not have signed by the date will miss their May salary. Any questions on the above may be directed to the Director of Human Resource and Development. That is Jane Wakanyi. REMOVAL OF CEC FINANCE We had extensive consultation this morning and as you know according to the County Government Act. Once a Motion has been deliberated, a Committee of five will have to be appointed and it is to present its Report to this House within 10 days. You are aware that next week we are all going to Kakamega. It therefore means, the 10 days will lapse on Saturday. You are also aware that we have the County Fiscal Strategy Paper that also has a deadline of 14 days that is it will lapse by 30 th April. And for your information, this is the most important Document for budgeting process. It sets the ceiling of each sector. We have committed this Document to the Budget Committee and they have indicated that at one point they will require the CEC to appear before them to be able to finalise on that Document which is a Constitutional requirement. In view of that, and with the concurrence of the Members that were present, we have decided that the Motion be moved forward. The Motion is not dead but has been moved forward to pave way for the finalization of the County Fiscal Strategy Paper which all Members agreed that it is the most urgent document right now.
We had gazetted Friday as a sitting day, but the Budget Committee has indicated that they are not able to finalise that Document by Friday because it is big and they need more time to interrogate it. So we have consequently cancelled the Friday sitting and instead, we would require you to be here on Thursday next week. We shall have to cut short our Devolution Conference, have a sitting on Thursday and thereafter we will retreat to Naivasha. We shall have all other Businesses discussed by then and all other pending Businesses that will be there including that Motion because we will have enough time. We might also be called upon for Special Sittings during the recess to come and dispense off any matter. I therefore beg for your indulgence as we handle these matters and in the order of precedence. You know we have the matters of the COs pending with us and more importantly the County Fiscal Strategy Paper and the County Budget Review. MOTION CULTURE, SPORTS AND COMMUNITY SERVICE COMMITTEE REPORT ON THE VETTING OF CHIEF OFFICER YOUTH AND SPORTS Hon. Eddy Kiragu: Thank you Mr. Deputy Speaker, it is very unfortunate because we were anticipating as Honorable Members in the House concerning the real matters that matter to the people and many Honorable Members, I won t take much time but it is indeed a sad morning, the Committee of Culture, Sports and Community service being the chairperson, I want go through this report and I believe Members have a copy with them. Honorable Members of this Committee are seventeen in number and there an issue of the mandate which says that; In pursuant to provision of section 45 of The County Assembly Act 2012 and section 6(1) of the Public Appointment Committee, Assembly Approval Act 2017, the governor forwarded the name of the nominee for the position of the Chief Officer for Culture, Sports and Youth Affairs. In accordance to standing order number 48, the Speaker committed the nominee to the Committee of Culture, Sports, Youths and Community Service for the vetting. ADOPTION OF THE REPORT. We Members of the sectorial Committee of Culture, Youths, Sports and Community Service pursuant to the Standing Order 48 adopted this report on the vetting of Mr. Benjamin Kipkoech Koskei, the nominee for the position of Chief Officer-for Culture, Youths, Sports and Community Service, we appended our signatures to confirm the approval on 24 TH march 2018. Our legal framework on the appointment of the Chief Officer is on Section 45(1)(2) of the County Government Act 2012, provides for the establishment of the office of the Chief Officer and procedure of nomination and appointment of Chief Officer. The Committee was guided by the following legislation when conducting and approving hearing to make the determinations on the nominee.
SUITABILITY FOR APPOINTMENT The Public Appointment Committee Assembly Approval Act number 5 of 2017, Section 8 of the Public Appointment Committee Assembly Approval Act number 5, 2017 provides for issues which the County Assembly is supposed to consider in relations to any nomination. This are the procedures used to arrive at the Nominee, any constitutional and statutory requirement relating to the office in question and the suitability of the nominee on the appointment proposed, other regard is whether the nominee abilities and experience and qualities meets the needs of the board. The schedule to the Public Appointment Committee Assembly Approval Act number 5, 2017 provides for the criteria to guide the Committee brief, we have Education Record, Honors and Awards, Public Office, Income and Future Benefits, Sources Of Income and Tax Status, Statement of Net Worth, Potential Conflict of Interest and Probono and Charity Work. The last page are the signatures of the Honorable Members affirming and confirming that this Nominee is suitable for this particular work, having said that I believe the County government of the day made a good choice. The issue here is not about regional balance it is about a certain individuals being given position to serve and that disability is not inability. Being a disabled he has been given this task to perform to his best level in ensuring that he transforms our society and Nakuru County at large. In terms of awards, the Nominee has achieved many awards, he has become number one all through in games going up to nationallevel, and he has been to Rwanda and Burundi. He is much qualified in terms of education, his presentation and communication was eloquent and in terms of charity work, leadership is about service and not leading, this Nominee has been at the forefront in giving services to the people in supporting education. The Nominee has been supporting individuals in his own capacity to make sure they get education, it is only through education that will alleviate poverty in our society, the Nominee has gone ahead and supported sports, we know majority are youths and they need our support and the best way we can nurture talents and gifts is by supporting the Nominee with facilities. He has been supporting individuals in sports and in terms of sports this person is worth and I kindly urge Honorable Members to give this individual an opportunity to serve this great County. I do not want to talk much but I will give this opportunity to Hon. Jambo Kenya to second. The Speaker (Hon. Joel Kairu): Hon Wahome. Hon. Isaac Wahome: Thank you Mr. Speaker sir, based on the report laid by the Chairman Youths, Sports and Culture Committee we have all heard that the Chief Officer (CO) nominee is competent an d qualified, he is also experienced and above all you know I am a champion of people with disabilities, it is good to note that disability is not inability and it is high time the Honorable House give a chance to this nominee to serve us as the Chief officer in this department. I second.
The Speaker (Hon. Joel Kairu): May I now propose the question that this House adopts the report of the Committee of Youths, Culture and Community Services on vetting of Mr. Benjamin Kipkoech Koskei for the position of CO Youth and Sports tabled before the House on 29 th March 2018. Next order (Question put and agreed to) Okay Motion from the Chairperson Committee on Environment, Energy, Water and Natural Resources MOTION ENVIRONMENT COMMITTEE REPORT ON THE VETTING OF CHIEF OFFICER ENVIRONMENT, ENERGY, WATER AND NATURAL RESOURCES Hon. Joseph Kamanu: Thank you Mr. Speaker sir, I take this opportunity to move the Motion; THAT this House adopts the Report of Committee on Environment, Energy, Water and Natural Resources that was tabled yesterday by my able deputy on the vetting of Mr. Job Kibet Tomno for the position of Chief Officer. The Committee went through the perquisite documents of the nominee and I would like to inform this House, there were two petitions that had been raised against the nominee unfortunately they could not hold any ground, so as per the list of the Members we went through all the documents and the Committee found the nominee suitable for this job. Without much ado I will humbly request this House to adopt this report so that we avoid the side shows being portrayed by bloggers that the County Assembly of Nakuru has refused to adopt or to vet COs. I have noted with much concern a lot of uninformed information being circulated by the media and social media. This House was furnished with the report of appointees a few days to our recess. After recess we came and vetted the appointees and again there was much do be done. As we can recall the said CO was alleged to have misappropriated funds for NARUWASCO but there was no tangible evidence as per the affidavit. After going through the report, his academic credentials, he has a lot of experience spanning to almost 25 years in the public sector; and especially in the water sector. So I request this honorable House to adopt this report so that the said appointee, can take charge and especially during this rainy season. A lot of service runoff and also water would have been saved through construction of pans or dams. It might be irrelevant to raise some issues but it is good to shed light that the CEC, promised to do a lot on water harvesting. Of course we have gone through his CV as a committee and we are sure that he will deliver to the promises and of course he suits that job. He has served quite a number of counties including Machakos, Makueni and recently in Baringo where he served as CEC in charge of the same docket. Being a resident of Rongai constituency, local MCA can attest to that and in one way or the other, I am sure he has assisted local community
in his individual capacity. I request my able deputy to come and second the Motion. Thank you Mr. Speaker. The Speaker (Hon Joel Kairu): Hon Elizabeth Hon Elizabeth Gichuki: I stand to second and request the House to adopt the report on the vetting of Job Kibet Tomno for the position of Chief Officer Water and Sanitation. Question proposed that this house adopts the report of the committee on Environment, Energy water and Natural Resources on the vetting of Job Kibet Tomno for the position of Chief Officer Water and Sanitation tabled before this House on 17 th April 2018. The Speaker (Hon. Joel Kairu); Any contribution towards the report? Hon Ayabei Hon Douglas Ayabei: Thank you Mr. Speaker, I stand here to contribute on this Motion moved by chairperson Environment Hon Gathiriki. I want to thank the committee for a well done job; having vetted one Job Kibet Tomno. We have read a lot about the credentials of this person. We have seen his performance and especially when he was the CEO of Water Company here, we have also seen his contribution when he was the CEC of Water in our neighboring county of Baringo. I want to support this Motion that this House adopts the nomination of Kibet Tomno. The department of environment has not be up and running and if you can recall two weeks ago, there was tree planting in the county and the way that exercise was done was not good because there was no substantive Chief Officer. I want to support the nomination of this guy so that the executive will not have the excuse of not performing their duties. I beg to support. The Speaker (Hon Joel Kairu): Hon Kiere you do not want to contribute; at least today my eye has caught you while seated. This House adjourns until today at 2.30pm (Question put and agreed to) (The House rose at 10.50am)