Questions have arisen as to whether a county governor is at liberty to create county departments without the approval of the county assembly.
Some members of the Tana River County Assembly Appointments Committee have faulted Governor Hussein Dado for allegedly creating the department of Water, Environment and Natural Resources without involving the assembly.
During the vetting of Mr. Dado’s nominee for the position of County Executive Committee Member for Environment, Natural Resources and Water, Mr. Khalif Abdi Adan, the MCAs said they did not understand why the governor sidelined the assembly in creating the new docket.
The committee, which was chaired by Hirimani Ward Representative Daudi Galdesa and attended by among others the Leader of Majority in the Assembly, Mr. Masha Boru, conducted the vetting session at a Hola Hotel Wednesday.
Madogo ward MCA Abdi Erigamso said that it was illegal for the governor to appoint a County Executive Committee (CEC) member to be in charge of an illegally created portfolio.
During a reshuffle of his government on July 9, 2015, the governor hived off Water from the Department of Water, Health and Sanitation and merged it with the department of Environment and Natural Resources.
He moved Mr. Ismail Jillo Algi from the powerful Finance docket to head the new outfit, but Algi resigned a few months later citing personal reasons.
But the MCAs said the governor did not inform the assembly of the changes, including the resignation of Mr. Algi.
A number of MCAs repeatedly asked the nominee whether he was aware he had been nominated to a nonexistent post, prompting the chairman of the committee, Mr. Daudi Galdesa (Hirimani) to intervene, saying that was a matter for the committee to consider.
The MCAs also wondered why the county government did not advertise the post and instead chose to nominate Mr. Adan without subjecting him to a competitive process.
However, the constitution and the County Government Act are silent on whether a county governor must seek the approval of MCAs before forming departments and if nominees to the County Executive Committee must be subjected to a competitive process
Source: Kenya News Agency