Thursday, 23rd April,2013 Afternoon Session

COMMUNICATION FROM THE CHAIR

Speaker: (Mr. Mariru) Hon. Members, I wish to make the following communication from the chair. We will be having a retreat for Hon. Members later this week. You will remember we had the initial induction organized by the Transition Authority sometimes back but we’ve found it wise to have another training opportunity on a few other issues, and this will be our tradition for the rest of our term. We will find as many opportunities as we can for the Members to be trained, to have their capacities built and so we shall be having one on Friday and Saturday. We shall be traveling to the place and the venue of retreat which we shall communicate to you on Thursday afternoon. The programme is being organized and the facilitators are being contacted. It would be important for you to put that into your diaries.

As we start our Assembly we will be very keen on time, I note today we started slightly late. As per our Standing Orders, the afternoon sessions should start at 2.30 p.m. So in subsequent sittings we will make sure we start at that time. I would like to encourage Hon. Members to be present and seated at 2.30 p.m.

I also want to bring to your attention that probably you may be asking where one of our Hon. Members Paul Lebeneiyo, Member for Mukogodo West, is. He has written to me stating that he has traveled out of the country for a number of days just for you to note. I also want to bring to your attention though all of you know that we had some Honourable Members who had an accident yesterday as they traveled from Rumuruti where we had a very fruitful meeting on security and almost all Members were present except two. The three Members are Hon. Michael, Hon. Mwangi and Hon. Kaparo and we must be grateful to God because there were no major injuries from that. Hon. Mwangi is here with us and Hon. Michael is expected later but we have Hon. Charumbo for Segera who had soft tissue injuries who was in hospital last night. He is okay, his spirits are high and the doctors have confirmed to us that there are no major injuries. The Hon. Member should be leaving the hospital in a short while.

Tuesday, 30th April 2013

COMMUNICATION FROM THE CHAIR

Speaker: Thank you, Hon. Members. I would like to notify Honourable Members that;

I have received two official communications as relates to the 2013/2014 Budget estimates and I have formally received the 2013/2014 budget estimates for the County Assembly from the office of the Clerk.

I know you don’t have the copy, but it’s a budget of Kshs. 541,299,400.

At the same time, I have also received budget estimates for 2013/2014 from the office of the Governor, and the submission letter is signed by his Excellency, the Deputy Governor, Gitonga Kabugi. The two have been formally received in this House and before I proceed, I want to read for purposes of our memory and to remind you on the process and the procedure Standing Order No. 207. There is quite a bit of 208, 209, 210, 211, 212 and 213. There is a whole 214,215, 216,217, 218 but I will not read all of that because I know you have the Standing Orders but for purposes of the session today, I will read Standing Order No. 207. It says,

‘The member of County executive Committee responsible for finance and the accounting officer of the County Assembly Service Board, shall not later than 30th of April , respectively submit to the County Assembly budget estimates, and related documents, specified in law for the County Government and the County Assembly.’

The two budget estimates expected are both from the member of executive Committee and the accounting officer. But as you already know, I have been notified by the office of his Excellency the Governor that at present the executive Committee is not executed and so his Excellency the Deputy Governor has lightly done the submissions on the side of County Executive and also from the accounting officer in the Assembly who is the Clerk.

Subsection 2,

‘The estimates and related documents submitted under paragraph 1 will be tabled on the County Assembly within 3 days of submission (but we received them today the day of deadline not earlier as expected) Upon being laid before the County Assembly, the estimates shall be deemed to have been committed to each sectoral Committee without question put for each Committee to deliberate according to their respective mandates.’

You will note that when we get these two estimates, they should be subjected to the sectoral Committees. The sectoral Committees of the Assembly have not been constituted because of the transition that we are going through. You will remember Hon. Members in an informal gathering last week we agreed that all the Members will be involved in the public participation forums across the County and so the sectoral Committee Members can engage with the budget estimates at that level.

‘Each sectoral Committeeshall consider, discuss and review the estimate according to its mandates and submit its report recommendation to the Budget and Appropriation Committee within 21 days after being laid before the County Assembly. The Budget and Appropriation Committeeshall discuss and review the estimates and make recommendation to the County Assembly taking into account the recommendation of the sectoral Committees and views of cabinet secretaries and the public. The County Assembly shall on a motion that the County Assembly adopts the report of the Budget and Appropriation Committee on the budget estimates for the County Government tabled on the County Assembly on the date that I will specify today, consider the report and adopt it with or without the amendments. Upon the County Assembly resolution on the report, the recommendation for increase or reduction on any particular vote, as resolved by the County Assembly will serve as notice of intention by the chairperson of the Budget and Appropriation Committee , to move the particular amendments on the concerned vote in the Committee of supply. The Speaker may require that an appropriate addendum be made to the estimates as tabled to reflect the amendments made by County Assembly on the estimates as respective votes…’ I will not read the rest of the Standing Orders, that you can read.

Upon receiving these estimates;

  • I wish to make the following direction; I wish to direct the Budget and Appropriation Committee to take up now the role of scrutinizing the two budgets both that of Assembly and also that of the Executive. In so doing, in accordance with the law and the constitution they will be expected to engage and let the public participate in that process. It is not a board room process, they are obligated by law to go round the County and get the views of Laikipians.
  • I also want to direct that, in that public participation we involve all Members of the Assembly as much as possible, so that both the Members of the sectoral Committees as well as individual Members of County Assembly can make their input to those budget estimates.
  • I have to direct that the Budget and Appropriation Committee to do that, the rest of the days within the month of May and bring a report on the afternoon of Thursday, 30th May, 2013.
  • I direct the office of the Clerk to formally write and attach the budget of the Assembly and send to the office of the Governor to seek their views.

The Leader of Majority is supposed to lay and present the Membership of various Sectoral Committees to the House.

Thursday, 16th May, 2013

COMMUNICATION FROM THE CHAIR

OFFICIAL VISIT BY OFFICIALS FROM COMMISSION FOR REVENUE ALLOCATION

Speaker:Thank you Hon. Members, today for this session; we have been joined in attendance by a delegate from commission for Revenue Allocation. They had an official visit to our County and had a slight opportunity to meet the Speaker and also the Members and we take note of their visit and we do appreciate.

COMMUNICATION FROM THE CHAIR

MESSAGE FROM THE GOVERNOR

Speaker: Today things happen in real time. The Hon. Member for Marmanet said we are moving from analogue to digital. When I was seated here I communicated to his H.E. the Governor in real time digital manner that two of his nominees M/s Sherry Rono as well as Patrick Lekimin had been disapproved by this House. H.E. did write to me and that,

In accordance to section 7(10) of the Public Appointment and Parliamentary Approval Acts 2011 which reads;-

Where the nomination of a candidate is rejected by parliament the Appointing Authority may submit to the relevant House, the name of another candidate and the procedure for approval specified in this Act shall apply accordingly.

In that regard the two names that have been rejected, H.E the Governor is at liberty to fill those names at his pace. He has written to me and nominated two persons for the position of the two rejected. The two are:-

  • Anne Cheptoo Chuma for the position of Gender, Culture, Social Development, Sports, Children & Youth Affairs
  • Jane Putunoi for the position of Trade, Commerce, Tourism and Enterprise Developments

In accordance to Article 179(2) of the constitution and the Standing Orders 185, I wish to direct that Committee on Appointments in accordance with the Public Appointment and Parliamentary Approval Acts of 2011, consider those names and do the public vetting as you had done on the first batch and bring back those names for the entire Assembly to approve.

The Committee must be reminded by law that they must put the notice, inform the public about this and give them 7 days before looking at those names, and after that bring the names to the Assembly for consideration.

Thursday, 30th May, 2013

COMMUNICATION FROM THE CHAIR

Hon. Members, after this we will be having a meeting and part of what will be discussed is about our training next week and I will be mentioning about the presence of distinguished Hon. Senator later on.

Friday, 28th June, 2013

COMMUNICATION FROM THE CHAIR

MESSAGE FROM THE GOVERNOR

Hon. Members,

Standing Order 39(1) relating to Messages from the Governor provides that “The Speaker shall read to the House anymessage from the Governor delivered to the Speaker forcommunication to the County Assembly”. In this regard Hon. Members, I wish to convey the following Message from H.E. the Governor.

The Message was submitted by a way of a letter dated June 28th, 2013 addressed to my office for submission to the County Assembly. The letter is a long one and I will not read all of it but I will read the relevant question;

THAT, pursuant of section 56 of the County Government Act and other applicable laws that reads that each County in accordance with Article 35 of the constitution have its own Public Service to be known as County Public Service Board, with the accordance of the laid down advisory on the procedure for appointment of chairperson and Members of the County Public Service Board. The Governor shall upon being sworn in and constitute a selection panel comprising of five (5) Members drawn from the following professional bodies:

  1. The Institute of Certified Public Accountants
  2. Institute of Certified Public Secretaries
  3. Institute of Human Resource and Management
  4. Kenya Private Sector Alliance, and
  5. Kenya Law Society

Selecting the panel due consideration should be given to gender representation and diversity as represented in the Counties. His Excellency the Governor, appointed several individuals drawn from the mentioned disciplines to carry out the exercise of putting in place the County Service Board. Membership of that board was as follows:

  1. Jeniffer Nyaga
  2. Agnes Keshina
  3. Bonface Miano Kariuki
  4. J. M. Wamichwe
  5. Richard Gikuhi
  6. Patrick kiprop
  7. Ally Mege
  8. Ben Kihia
  9. Pascaline Millie
  10. John Wambugu
  11. Patrick Muraguri
  12. Agnes Aoko

Through that, the selection panel did the shortlisting and the interviews of the County Service Board and I will not read the whole analysis that H.E. The Governor has sent. He has sent the marks of each person, the marks that each got through the interview but I will read just the summary. That in this regard the selection Committee recommended the names of the first three (3) in rank be forwarded to the Governor for consideration. The following applicants were shortlisted for the above-mentioned post:

  1. Leah Wairimu Njoroge
  2. James Ndirangu Kung’u
  3. Richard Maina Kamami
  4. Moses Kimani
  5. Jesse Elikana
  6. M. Gitahi
  7. Purity Wanjoria Kamurusi
  8. Mary Nyambura Kamau
  9. Felix Ogutu

That is for the secretary and I want to go to the summary of the names. So after that process all candidates presented themselves for the post of the chairperson were as follows:

  1. James Ndirangu Kung’u
  2. Leah Wairimu Njoroge
  3. Richard Maina

The selection Committee recommended the three (3) applicants to the Governor in order of merit for his necessary action as follows; and there are more than seven pages on the ranking of the Chairman, secretary and for the Members. I do not want to take time on that Hon. Members but I want to say as follows:

Section 58 of the County Government Act, 2012 provides that the Governor shall appoint, with approval of the County Assembly, Members of the County Public Service Board.

Section 3 of the Public Appointments (Parliamentary Approval) Act, (No.33 of 2011), provides for the exercise of the powers of appointment under the Constitution. Under the said law and Part XI of our Standing Orders, the County Assembly is required to conclude the process of approval or rejection of the nominees within fourteen (14) days from the date of the notification.

Hon. Members,

Section 14 (3) of the County Government Act, 2012 provides that in considering any appointment for which approval of the County Assembly is required under the constitution, an Act of Parliament or County legislation. The appointment shall be considered first by a Committee of County Assembly; the Committee’s recommendation shall be tabled before the County Assembly for approval; and the proceedings of the Committee and the County Assembly shall be open to the public.

Owing to the fact, there is no specific Committee on public service that we need sooner. I direct that the Committee on Appointments shall consider, for approval by the House, these appointments.

In this regard, I wish to guide theCommittee and the Assembly as follows-

(I) The Committee on Appointments should notify the Nominees and the general public of the time and place for holding the approval hearings, at least seven days prior to the hearings. This notification should be done immediately;

(ii)The Committee may therefore commence the approval hearings on 8th July, 2013. The hearings shall be open to the public, unless, the Committee decides to hold any part of the proceedings in camera; and, (But the operating word is that all proceedings of the Committee be done in public)

(iii) Thereafter, the Committeeshould table its Report before this House on or Wednesday, 10th July 2013 for (this Assembly’s) consideration.

Hon. Members,

Pursuant to the provisions of paragraph (3) of Standing Order 39 (Messages from the Governor) which reads: ‘when a message from the Governor is read, the message shall be deemed to have been laid before the County Assembly and the Speaker may refer the message to the relevant Committee of the County Assembly for consideration’

I hereby refer the Message from H.E. the Governor containing the names of the seven Nominees together with the support documents (Including the curriculum vitae and the results of the selection panel) to the Committee on Appointments to undertake the necessary approval hearings.

Thank you!

Thursday, 30th July, 2013 Afternoon Session

COMMUNICATION FROM THE CHAIR

Thank you Hon. Members. Today is a good day that the County Assembly of Laikipia is full House because this afternoon we have sworn in the eight nominated Members that have been expected for a very long time by this County Assembly and indeed this County.

I would like to register our profound welcome to the nominated Members and when you are here in this County Assembly or anywhere else, you are no less but you are actually a full Member of the County Assembly. So welcome, I would like to encourage you to interact, work together and mingle with the rest of the Members of the County Assembly and more importantly to dedicate your energy, your zeal in serving the 400,000 Laikipians in whose names you get into this House, in whose welfare and commitment you sit in this House.

We hope and pray that every part of you, every available opportunity will be used to serve the people of Laikipia. I will go out of the convention and allow a few Members who have been here before and even probably a few who have come in today, you have no pressure to talk but for those who have been here I would like to break the tradition and give a few Members just to say a word of welcome to our newly sworn Members.