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Motion by Hon. Peter Kairu on the provision of Deputy Sub-County Administrators in Kinangop Constituency

22nd JULY 2014

REPUBLIC OF KENYA

NYANDARUA COUNTY ASSEMBLY

1st ASSEMBLY-2nd SESSION

OFFICIAL HANSARD REPORT

2.30 p.m

Hon. Speaker on the chair

Prayer

Speaker: Clerk, please confirm whether there is quorum.

Clerk: There is quorum Mr. Speaker.

Disclaimer: The Electronic Version of the Hansard Report is for information purposes only. A certified copy of the Hansard Report can be obtained from the Hansard Editor.

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Speaker: Let us go to the business of the day then. First order

Clerk: Administration of oath, there is no administration of oath.

Speaker: Next order.

Clerk: Communication from the chair

Speaker: Thank you Honorable members, as you are aware members that I had travelled out of

the country to United States of America with the delegation from the council of governors,

USAID and Strathmore university foundation. We visited the Oklahoma Government. We were

able to engage several officials from two Governments and the report is being prepared where

the council of the Governors jointly together with the secretariat the Strathmore university

foundation and when they will be ready it will be availed into this Honorable house. Honorable

members, we appreciate that there was a communication that was to be delivered today pursuant

to the statement by leader of minority Hon. Peter Githinji Ngumba but unfortunately, Honorable

members the same communication is not ready. I propose to deliver the same tomorrow the 23rd

July 2014 at 2:30pm. Next order.

Clerk: Messages, there are no messages Mr. Speaker



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Clerk: Petitions, Mr. Speaker we do not have any petitions


Clerk: Papers, Mr. Speaker we have several papers to be tabled, the first one is the quarterly

report on County budget implementation review financial year 2013/2014 by the office of the

controller of budget by Honorable James Mwangi Gichuki.

Speaker: Yes, Honorable Mwangi Gichuki, member for Kipipiri.

Hon. Kirumba: Mr. Speaker, I rise to seek your guidance and that is in line with the order

paper. The order paper as it was read to these Honorable members of this house on Thursday,

July 24, 2014 or as it appears is not what is in this order paper today. So, I wanted your direction

because I am a member of House Business Committee and any order paper must find its way to

this house business committee for any addition or any changes as it is the procedure of the

standing order. Thank you, Mr. Speaker.

Speaker: I think I have not been able to see the Hansard for Thursday but, the leader of majority

you have heard the sentiments and especially coming from your deputy, I think it raises critical

issues. In addition, I would wish to understand whether actually what is in the order paper here

today is not what was read on Thursday.


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Hon. Gichuki: Mr. Speaker the only significant changes that was made in that order paper and

the only thing that in not appearing in this order paper Mr. Speaker is the first business, which

was the letter that was supposed to be tabled on the administration matters on Agriculture. I

liaised with the chairman of Agriculture and we realized that that letter was tabled a long time

ago. So, that ought not to appear in the order paper. That is the only change that was done in this

order paper. Otherwise, the rest Mr. Speaker is valid. Probably the only other thing that was

changed is the format, the way the other order paper was done and the way this one is done. Now

it is a bit clearer. That is the only change Mr. Speaker.

Speaker: Okay. I think members what we should be able to appreciate is that the leader of

majority, although you might have conversed with the chairman of Agriculture on the issue of

matters of administration and that it was tabled in the house, the order paper should have come

the same way so that it is reported that the letter was actually tabled but it should not have been

removed from the order paper before it reaches the floor of this house. I think now that one is

taken, what has been removed from the order paper is only the tabling of the letter by the CEC

member in charge of Agriculture on some extension services. What I have said is that, it should

have appeared in the order paper to be removed here by the expeditions by the chairman, leader

of majority. Otherwise, it cannot be removed out there without coming back to the house having

been presented to the floor of the house. Yes, what is it member for Gathanji.


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Hon. Thuita: Thank you, Mr. Speaker. Mr. Speaker leaders in the House Business Committee

are coming to argue on the floor of this house over the things in the order paper. I see that they

had no time to consult among themselves within this committee and even if they have to change

that format of the order paper, I think that one should have been done in their committee. So Mr.

Speaker, we are so disappointed that they can come and start arguing over issues of this

committee here. This is an important committee of this house and it is important that what they

bring to this house is clearly done and they should have gone through it before it was brought to

this house. Thank you.

Speaker: I think member for Gathanji, your sentiments have been taken and you remember

when I was giving directions I said that it is very very grave especially that the order paper is

being questioned by not only a members of House Business Committee but by the deputy of the

majority. It is drawing eyebrows to the House Business Committee where I chair and therefore

what I can promise is that, I am sure this thing will not be repeated. Things will be coming to this

house in the order they were agreed in the committee. Member for Murungaru

Hon. Muchiri: Thank you Mr. Speaker, we are glad that you are back and in good health. Mr.

Speaker I rise on a standing order number 18 and 19 and Mr. Speaker, when you were away an

order from the court came to this house. Mr. Speaker a court order that was served to this


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assembly and you remember the other time when you came you made communication as the

chair regarding the order, which also came to this house.

Mr. Speaker, because I have consulted my colleagues; I am sorry because I was not in at exactly

2:30 pm, when the business of this house commenced, Mr. Speaker you never made any

communication on that order and it is important. Mr. Speaker, because it is a court order we ask

that in the same way that you communicated to this house that you also make communication on

the same matter to the same house. Mr. Speaker this order I believe was not served to you in

person, this order was served to the office of the Speaker and I am sure that the same order is in

your office because I witnessed, indeed it is in your office. Thank you Mr. Speaker

Speaker: Now member for Murungaru, how did you know that the order is in my house and you

is rarely in my office? I have not seen it as you are aware that I only reported today and I have

been in the board meeting throughout. I have not seen that order but if the order is there I have

no have reason to doubt the sentiment for the member for Murungaru. Obviously it will be

communicated to this house. What I would say is that no communication comes to the office of

the Speaker and it is not seen within 24 hours so definitely it will be seen by tomorrow. Proceed

next order


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Clerk: Mr. Speaker we were on papers and the first paper was quarterly report to County budget

implementation review financial 2013/2014 by the office of the controller of budget by

Honorable James Mwangi Gichuki.

Hon. Gichuki: Mr. Speaker I wish to table the County Budget Implementation Review Report,

the last quarter for the Financial Year 2013/2014

Speaker: What is it member for Gatimu?

Hon. Kieru: Mr. Speaker, some time ago we attended various trainings on County Budget at

CPST, I want to understand clearly because we were told that any matters that pertains certain

field, because I think this matters pertains budget issues, they told us and they have always told

us that the person who should raise any issue pertaining budget, they said that the chairperson

Budget is expected to report and do the necessary as pertains those issues. On this issue relating

to a quarterly report I expected that the budget chair should handle it unless there are other rules

that we do not know. So, Mr. Speaker please guide us otherwise those trainings will b useless.

Speaker: I think he has raised an issue that I should address. I think this is a document that is

addressed to the County Assembly. It was never sent to any chairman of any committee and the

link between this house and the National Government is the leader of the majority or any other


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person appointed by him. Any document that is from the National Government to the Assemblies

is tabled to this house is.

The direction I will give like I have earlier done is that I will refer the matter to the chairman of

the committee of budget and appropriation and that committee will tell this house how much

time they require to bring the report to the same. However, as of now this is not a matter of the

chairman, it’s a matter of the Government to this assembly and the link is the leader of majority.

Honorable members, on some of these issues, let us not look at who tables the document. I think

Honorable members, at times we watch live proceedings from the National Assembly and the

Senate and the person who will provides the link between the Government and the assembly is

the leader of the majority. Hon. Hon. Gichuki please proceed.

Hon. Gichuki: Yes Mr. Speaker, I wish to table the letter from the transition authority.

Speaker: I think you were interrupted before you tabled it. Let me have the report.

(The speaker is handed the report)

So, Honorable members, the direction I will give is that, this is matter that squarely lies within

the budgetary function of the assembly, budget and appropriation committee and the document

on budget implementation report third quarter of the financial year 2013/2014 dated June 20th

2014 having been tabled on the floor of this house, I request the chairman of budget and


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appropriation committee to inform the house what duration of time he requires to report on the

same.

(Hon. Kagiri rising on a point of order)

Speaker: Who is out of order member for Githioro?

Hon. Kagiri: Mr. Speaker sir Thank you, Mr. Speaker I just want a clarification since you see

that is a third quarter, the first quarter and the second quarter was directly sent to my committee

from the controller of budget. Bearing in mind that I am the chairman PIC& PAC, I was

wondering since this is the third quarter how are we going to get the report?

Speaker: The first quarter and the second quarter were referred to your committee?

Hon. Kagiri: They came directly with the letter bearing the name chairman PIC & PAC and we

are reviewing that to get a report. Therefore, for the sake of continuity, well it is about the

implementation of the budget. I wanted that clarification.

Speaker: I think that I am not very clear on what happened to the first quarter and the second

quarter. Then let me make direction tomorrow at 2:30 pm on where it should go. Let me just

confirm the position. Ok, next.


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Clerk: Mr. Speaker the next report to be tabled is the letter from the transition authority on

liability and assets of the defunct authorities by Honorable James Mwangi Gichuki.

Hon. Gichuki: Thank you Mr. Speaker, I wish to table the letter from the transition authority of

the liability and assets of the defunct authorities and Mr. Speaker I table the r letter.

Speaker: Which is that letter? It is important that you indicate clearly the letter you want to table

so that this is the letter dated 16th June 2014. I believe it is in your files. I am just wondering

loudly who should handle these issues of the assets that were inherited from the Nyandarua

County Council and Ol’Karau municipal council, which committee is the right committee to deal

with the issues of the assets. Yes Member for Shamata.

Hon. Gachari: Thank you Mr. Speaker sir, I think I would suggest that it be taken to the inter-

Governmental committee. It is relating to the Governments although that was County council

and this is a County Government.

Speaker: This one is not on inter-Governmental issue, it is intra-Government. It is within the

Government that succeeded the other. I think to this is a matter that PIC& PAC should be the

committee to deal with, because the concern here is that some properties have been illegally sold

by the former Government before the new Government took over. I think this is a matter of

oversight and in terms of protection of our resources, it squarely lies within the mandate of the


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public investment and accounts committee. So, member for Githioro, and chairman PIC& PAC

should take this letter and bring the report on the same.

Hon. Kagiri: Thank you Mr. Speaker sir. Bearing in mind that this is a big matter to scrutinize

those documents since it was a transition, to see how much we inherited in terms of the assets

and liabilities; bearing in mind also that we have a quarterly report from the executive, and we

are yet to scrutinize it, I think if you can allow us for three months that is 90 days, we will be in a

position to table that report.

Speaker: I think what he is asking is not too much. What is it member for Mirangine?

Hon. Ndirangu: Thank you Mr. Speaker. It is my observation that PIC &PAC is overburdened.

Mr. Speaker, maybe this one can be taken to the budget committee Mr. Speaker.

(Hon Ngotho rises on a point of order)

Speaker: How is the member out of order?

Hon. Ngotho: Mr. Speaker sir, my good friend from Mirangine has had these standing orders

that have been read not once not twice by mheshimiwa from Kinangop, that any matter

concerning a particular committee will deliberated by the liaison committee. It is not our work

to deliberate on which committee should discuss which matter under understanding order 187.


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Speaker: I do not think that standing order is necessary here. The committee that is vested with

this matter is PIC& PAC.

(Hon. King’ori rises on a point of information)

Speaker: Who are you giving the information?

Hon. King’ori: Hon. Ngotho. Thank you Mr. Speaker, I was telling the Honorable members of

the house that nowhere in the standing order is Speaker supposed to be out of order. Mr. Speaker

it is the work of the Liaison Committee to determine where the work will be transferred. This is a

matter of importance to this house and it is a matter of urgency.

(Hon. Muchiri rises on a point of order)

Speaker: Point of order on what member for Murungaru? Who is out of order?

Hon. Muchiri: I rise on a point of order, on standing order number 187. Mr. Speaker, it is good

for the democracy and for this house to be vibrant in its debates for you Mr. Speaker to allow as

many points of order as possible because it is healthy.

Mr. Speaker if I heard you well, you said that matter was referred. Mheshimiwa Kamau Ngotho

said that the matter can be referred to Liaison Committee whenever necessary. I wanted to

understand the word necessary because it is very clear in that standing order that 187(h) that the


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liaison committee shall, and this is mandatory Mr. Speaker, shall determine whenever necessary

the committee or committees to deliberate on any matter. Mr. Speaker, we want as a house to

understand that word “necessary” so that in future, there is no possibility of debate as to which

committee shall deliberate on which matter. For the purpose of the Hansard, the correct standing

order is 187(f). Thank you, Mr. Speaker.

Speaker: Yes, I think the main issue out of that standing order is, when that matter is going to

the liaison committee, so that the liaison committee can, where necessary, be able to allocate

time. I believe when the liaison committee meets, all the chairmen have their agenda or business

they want transacted. It is in that committee that the member for Githioro will go with ten

businesses before this committee and actually that Liaison Committee decides that these is too

much for that committee and therefore it is refereed to another committee.

That is a matter that is directly for liaison committee, this is a matter before the floor of the house

and I believe that the Speaker has discretion, especially when the mandate of committee is very

clear on allocation. I also believe that if there is confusion on what kind of businesses do attach

to the committees, the Speaker can refer the matters to the liaison committee to consider all the

matters pending, and then advise accordingly. Therefore, that is my finding that, it is only during

liaison committee meeting all queries and matters can be referred to the liaison committee by the

Speaker of the house. I do not think for now I can refer the matter to the liaison committee and as


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per my earlier direction is that, I think this is a core mandate of the PIC& PAC committee, I do

not think it is a matter I can leave to the liaison committee to decide what it will do with it. I

believe I would be failing on my discretion as a Speaker if I refer this is, it is a very serious

matter which obviously needs to be looked at by the PIC&PAC committee and if the PIC&PAC

committee on looking on this matter finds the intensity of the matter, it will give it priority. This

is not an issue that we can abandon either through my direction or that of any committee.

Member for Githioro, the chairman PIC&PAC if we can have you table the report on Wednesday

24th September 2014 at 2:30pm, but if you are able to have written the report before then just

forward it to the clerk and allocate it time even before that particular date. Next order.

Clerk: Mr. Speaker the report to be tabled the report on technical committee on establishment of

the CPS staff pension scheme by Honorable James Mwangi Gichuki.

Speaker: Yes

Hon. Gichuki: Thank you Mr. Speaker, I raise to table the report on technical committee for the

establishment of the CPS staff pension scheme dated 20th January 2014. I table with the Clerk.

Speaker: Honorable members, it appears that the report has no date but it is in the third page that

is January 2014. I think this a matter for the committee for Legal, Justice and Public Service. Is

the chairman present? The chairman is not around, the vice chair or any other member from that


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committee? The vice chair is there? This one mheshimiwa Miriam is very critical, because I

think within 30 days we need to have decided on it. Kindly inform us whether you can be ready

with the report for this document.

Hon. Miriam: Mr. Speaker sir, give us a month

Speaker: So that is thirty days.

Hon. Miriam: Yes Mr. Speaker.

Speaker: So we can expect the report on Tuesday 26th August 2014. Very well, Next

Clerk: Mr. Speaker, a report on the implementation of the County public service board

expenditure for financial year 2013/2014 by committee of implementation Chairman Hon. Paul

Maina Nderitu.

(Hon. Gichuki rises on a point of information)

Speaker: From the onset, information to the whole house?

Hon: Gichuki: Yes Mr. Speaker, I wish to inform the house especially with the date, that

depending on the calendar we did adopt, and concerning the date you gave, the house will be on

recess and will not be able to meet as a committee.


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Speaker: I believe the recess will be commencing on 1st of August and going for two weeks. Let

the date remain 26th because we are going only for 14 days but if there will be any changes we

are going to communicate but I believe it is for 14days. Chair committee on implementation

Hon. Maina Nderitu: Thank you Mr. Speaker, I wish to table the report on the implementation

committee on County Public Service board expenditure for the financial year 2013/2014, I table

Speaker: Thank you chair, members I think we can have that report debated on in three days

time and can be moved on Tuesday 29th July 2014 at 2:30pm or such time which can be allocated

by the house business committee. Next order.

Clerk: Mr. Speaker the next report to be tabled is the report on the recommendation of budget

ceilings by the commission on revenue allocation by the chairperson budget and appropriation

committee Honorable James Kiiru Gachomba.

Speaker: Yes Hon. Gachomba chair budget and appropriation committee

Hon. Gachomba: Thank you Mr. Speaker, I wish to table the report on the recommendation of

the County Budget ceilings by the commission on revenue allocation committee. I wish to table,

thank you Mr. Speaker.


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Speaker: Thank you chairman, so I think we can have the same debated on July 29th 2014 at the

time to be allocated by the house business committee, are you o.k. Chairman.

(Hon. Kieru rises on appoint of order)

Speaker: What is it member for Gatimu?

Hon. Kieru: Thank you Mr. Speaker, I do not know whether that standing order has been taken

over by events. On Thursday an issue of the same magnitude came to the floor of the house and

it was exhaustively debated Mr. Speaker. Already that on revenue allocation has a report that

was referred to by the controller of the budget in a letter that came to this house through the

chair. Therefore, the issue is now where are because this house made a resolution? Are we bound

by the resolution we took or now that the report is revisiting the same matter again so Mr.

Speaker we seek your guidance.

Speaker: I think I have already issued direction on the issue, which is on the floor of the house,

on the issue of the order paper. Even if the matter has been exhausted and it was meant to come

to the floor of this house, it has to come on the floor of the house and then the house knows how

to deal with it. Honorable members you appreciate that, that there was that letter on ceilings , this

house resolved to have that matter investigated by budget and appropriation committee and the


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report be brought to this house. This report must be debated by this house should decide on the

fate of the report. Next order

Clerk: Mr. Speaker sir, notices of motion. We do not have notices of motions.

(Hon. Njiraini rises on a point of order)

Speaker: What is it member for Kaimbaga

Hon. Njiraini: Mr. Speaker sir I wish to notify that we have notices of motions

Speaker: You put me into a hard position because I am not aware of any notices of motions

(Hon. King’ori rises on a point of order)

Speaker: Member for North Kinangop.

Hon. King’ori: Thank you Mr. Speaker there was a notice of motion by Honorable Njiraini but

it was not allocated time.

Speaker: No, member for North Kinangop, at this point the only requirement is that the motion

is approved, not the notice of motion.

Hon. King’ori: The house business committee has allocated time for the notice of motion


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Speaker: so the house business committee has allocated time for the notice of motion, but I

think we will continue making communications because I do not think it is necessary to allocate

time for the notice of motion but if the time has been allocated it is okay. Once the motion has

been approved, there is no need to allocate time for the notices of motion under the general

provision of the notices of motion.

(Hon. Muchiri rises on a point of order)

Next, yes member for Murungaru.

Hon. Muchiri: Thank you Mr. Speaker, Mr. Speaker this orders as I said earlier, they are very

important. Thank you for giving me this time. I rise on standing order number 40 under the

sequence of business. Mr. Speaker, unless the house business committee wants to gag the

members so that they do not bring the motions on the floor of the house, personally I do not

understand how the notices of motion can be discussed by the house business committee. It is

provided that once a motion is approved by the Speaker that one is sufficient. I do not even know

from where they were coming from to discuss the issues of the member.

Speaker: Member for Murungaru, I have completely delivered myself without provocation that

once the motion has been approved you do not require time allocated for the notices of motion

because that is already provided for by the standing orders. Next.


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Clerk: Statements, Mr. Speaker sir we do not have statements today

Speaker: Next

Clerk: Mr. Speaker sir, motions. We have a motion on creation of another office Sub-County

administrator for the Kinangop Sub-County by Honorable Peter Kairu Njoroge.

Speaker: Yes member for Githabai, order members, member for Kaimbaga order. Honorable

members I think and I am guided accordingly by the office the clerk that this motion for creation

of extra Sub-County administrator for Kinangop might actually be contrary to the law because

the County Government act is very clear that every Sub-County shall have one Sub-County

administrator. Therefore, allowing this motion by member for Githabai, we shall be contradicting

the law and obviously, it will lead us in to a very bad light that we can actually move a motion

knowing that it is contrary to the law and sorry that that approval actually took place because it

would be contrary to the County Government act. What I think should happen is that although

the person cannot be referred to as Sub-County administrator, it is a matter that can be dealt with

between the members from Kinangop Sub-County and the governor to have somebody who can

help the Sub-County administrator. Member for Njabini.

Hon. Gachomba: Mr. Speaker. I would say this and I believe, Mr. Speaker that this house has

the powers to create a position of another Sub-County administrator because the executive


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knows that this Sub-County is over populated. Mr. Speaker, when we were preparing the

alcoholic law, we amended the Mututho law, as an assembly we can recommend that we need

another Sub-County administrator and we can also amend that law Mr. Speaker.

(A number of members rise)

Speaker: Member for Njabini, and Honorable members, I have to answer the member for

Njabini. It is not this assembly that amended the Mututho law. Mututho law was passed by the

National Assembly and according to the constitution, the law passed by the National Assembly is

supposed to be superior, and cannot be amended by the County Assembly. Member for Gathaara.

Hon. Kibebo: Thank you Mr. Speaker sir, I find your ruling in order because we cannot create

another position for Sub-County administrator but there can be a person appointed to assist the

Sub-County administrator.

Speaker: Yes member for Gatimu.

Hon. Kieru: Thank you Mr. Speaker, my version is a bit different because I do not how it will

be. Mr. Speaker this motion appears to be in order because it is rather an issue of procedure.

Since, this motion appeared in the order paper, in as much as contravening the law, Mr. Speaker

I am for the opinion that it will be infringing on the rights of mheshimiwa Kairu in that he had

done his best to make sure that the motion appeared in the order paper. If people of Githabai find


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that he had proposed motion in the assembly and that his motion did not see the light of this

house and it is in the order paper his people will not see him as their best representative. My

thinking is this; as illegal as it is, it should go on let members debate, make those amendments,

or even find a mechanism on how this issue can actually be corrected. You have given good

opinions but there could be an assistant that could have come if actually the motion has been

moved. Mr. Speaker, I believe justice has to be done. My thinking is that the County

Government can allow for more decentralized units to be created by the County entity.

Speaker: Yes Hon. Ngotho

Hon. Ngotho: I am also in support in the same line, one because it will be an abuse of the order

paper, it will jeopardize the office that approved the said motion. Again, as it has been cited here,

because it has found its way to the house there is always room for amendment so that, it is in

line. If it is fails Mr. Speaker, it is your prerogative of making a ruling and judgment at the end

of the debate, not even at the initial stages. Contravening the law or not, I think it is right that this

motion be moved so that an amendment can be made where he has put Sub-County

administrator, we put assistant Sub-County administrator. It will be very much in line because it

is not anywhere in the law but there are some counties that are even employing. If there is an

assistant or a deputy, it does not give that you do not employ but you can employ to assist the

Sub-County administrator considering the weight of the workload.


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Speaker: Yes, Leader of the majority

Hon. Gichuki: Thank you Mr. Speaker, Mr. Speaker I also found myself in support of this

motion because the very same County Government act article 50 that says there will establish

such an office that will be known as Sub-County administrator. The same County Government

act under section 60, creates County Public Service Board shall establish offices if it is satisfied

that there are issues need to be addressed.

Therefore, I think the motion will be in place so us to discuss and show the need and then this

communication is given to County Government through to the County Public Service Board to

realize the need to create that particular office, so Mr. Speaker I think the motion is in place

Speaker: Member for Gatimu

Hon. Kieru: Mr. Speaker it is also important to have that information right whether this motion

proposes creation of a position of Sub-County Administrator or a Deputy Sub-County

Administrator. Mr. Speaker because if I remember well it is very important because the order

paper is saying creation of another Sub-County but the proposal of the motion is deputy Sub-

County administrator not another Sub-County administrator. That was the motion is correct; the

order paper is what is wrong.


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Speaker: Yes, order, order members, I think I am in agreement I do not think it requires any

amendment the motion is very much in order. This is because the County Public Service Board

has the powers to create offices and the office that the member for Githabai want created is not in

contravention of the law. What I think is that if the member for Githabai was saying there be a

creation of another office Sub-County administrator while the law provides for the maximum it

cannot apply, but here it is creation of a deputy Sub-County administrator due to the expansive

nature of the Sub-County. I think what is wrong in this provision is the order paper, the office of

the clerk is advising me on that what was proposed to be created is the office of deputy Sub-

County administrator, and otherwise the motion is in order member for Githabai you can

proceed.

Hon. Kairu: Thank you Mr. Speaker, I beg to move a motion that, aware of the object of

devolution as enhanced in Article 174 of the constitution key among them being to give power to

self-governance to the people and facilitate decentralization of state organs, aware establishment

of the decentralization unit under the County Government Act, further aware of further aware of

administration challenge experienced with the Kinangop sub-counties of Nyandarua, due to the

expansive nature of the region under the boundaries established, concerned of the extraneous

work by the Sub-County administrator of administrating the Sub-County, aware of the need to

ensure service delivery to the people, this House now do urge the executive through the


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executive member for legal and public service jointly with the County secretary and the County

Public Service Board do consider creating the office of a Deputy Sub-County Administrator and

to recruit a person there of to take charge of one part of the expansive Kinangop County.

Mr. Speaker sir when I have in mind the Kinangop people, I pity the administrator in that Sub-

County. When we were having the roads constructed, many are the times that the Sub-County

administrator would move from one place to another and before he reaches a place like Kenton

down there he is exhausted and his 504 Peugeot which I would say old fashioned would

breakdown along the way. The south Kinangop area still has a problem particularly with the road

networks. As he was executing hi duty many are the times that he could not get to the area that

he is intended to reach due to exhaustion. Having all those challenges it is my request to the Hon.

Members to consider having a deputy Sub-County administrator who is going to assist him to

work in Kinangop.

The members of the public are saying that some work has not been done. I want to cite Githabai

ward. A lot of work was not done because the administrator could not get to my ward. When a

grader was required to come to my area, I had to call to tell him that the grader is in another area

but he could not be able to get to it. The administrator is serving eight wards and the area is so

expansive and the man could not get there to give the service that is needed. May I bring to your

attention Mr. Speaker, that south Kinangop has its own revenue officer? In the revenue, south


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Kinangop is the second in the ranking in the generation of revenue. That is why I am asking the

members to see the need of getting a deputy Sub-County administrator to assist the Sub-County

administrator with the office work and in administration. I ask the ICT chairman the Hon.

Member for Karau ward Hon. Sammy Douglas Kamau Ngotho.

(Laughter)

(Hon. Ngotho rises)

Speaker: Obviously Hon. Ngotho you are not Cyrus or Kimani

Hon. Kairu: I am sorry Mr. Speaker. I call upon Hon. Douglas Kamau Ngotho the member for

Karau to second.

Speaker: Thank you. Member for Karau.

Hon. Ngotho: Thank you. Sometime the members are allowed to forget the names because of

many new faces. I rise to second the motion brought in this house by Hon. Kairu. The essence of

devolution is only one and it is to bring power closer to the people. Bearing in mind the vastness

of Kinangop Sub-County, it has eight MCAs and the population is very high. Therefore the need

of a deputy Sub-County administrator as provided for in the County Government act section 60

the public service board can create and office is very important. Looking at the work that was


27


going on in the last financial year, there is a lot to be done by the Sub-County administrator. The

Sub-County administrator carries everything in the Sub-County, finance, human resource for the

workers who were under him. I see that it is a genuine reason and I ask the Hon. Members to put

away the political differences to support the move. If you look at Ndaragwa, it has five MCAs

under one Sub-County administrator; Oljoro-Orok has four MCAs under one Sub-County

administrator, Ol’kalou constituency has two Sub-County administrators; one in charge of three

wards and another one in charge of two wards. Ol’kalou town is the headquarter and it has its

own Sub-County administrator. Where Hon. Ndirangu and Hon. Suleiman come from, they are

very lucky that they have a Sub-County administrator.

I would like to give an advice that the position of the deputy Sub-County administrator should

be given to a person who is I the payroll already just like Mirangine which was given it to the

former clerk of the County Assembly. They should not get another person so that they cannot

increase the wage bill. The recruitment should be within the County. The issue of employment

and the wage bill is an issue that should be dealt with. I support the creation of the office of the

Sub-County administrator and within the shortest time possible before we implement the budget

for the financial year 2014/2015. The County public service board should create that office. The

problem is that we do not know the job group that the person will be. There is request in the


28


motion that the person will take charge of one part of the expansive Kinangop. I second the

motion by Hon. Peter Kairu

(Question on the motion proposed)

Speaker: Member for Weru.

Hon. Kimani: Thank you Mr. Speaker sir. I rise to support the creation of the position of a

deputy Sub-County administrator. This is an issue that should have been addressed a long time

ago. At this moment I will not challenge the leader of Kinangop, but they messed themselves

when we were doing the boundary demarcations. They should have proposed that Kinangop

should have two constituencies. That is the south and North Kinangop.

(Hon. Gichuki rising on a point of order.)

Speaker: How is the member for Weru out of order?

Hon. Gichuki: He is out of order because he is speaking about the members of Kinangop

insinuating that in the process of the boundary demarcations, the leader did not sit at any time to

discuss the need to have the boundaries demarcated. It is only that he is not aware that in the

meeting that was held in Ol’kalou to discuss the demarcations of the boundaries, Kinangop was

well represented with the leader’s suggestions that Kinangop should have two constituencies. So


29


the member is not in order to state that the leadership did not see the need to have Kinangop

given two constituencies. That is the information.

Speaker: Member for Weru, that point of order is upheld because I was present during that

meeting of the demarcation of the boundaries. In fact the Speaker was representing south

Kinangop and there was a catholic priest who was representing Kinangop and he made it very

clear that Kinangop deserved two constituencies but unfortunately Nyandarua was only entitled

to one constituency and Ol’kalou had the larger population, so Kinangop lost on that aspect only.

Proceed.

Hon. Kimani: Thank you Mr. Speaker sir. This is something that needs to be addresses by al the

leadership of Kinangop that in future we should have two constituencies. If you look at the chiefs

in Kinangop, the number cannot be compare to the number that I have. In my ward I have four

chiefs and eight sub chiefs. May be I need information here but what I know from hearsay is that

they have three chiefs and I have 12. Actually this is a problem of the administration

(Hon. Gachomba rising on a point of information)

(Laughter)

Speaker: Do you need that information?


30


Hon. Kimani: If it concerns the chiefs.

Hon. Gachomba: I just want to inform the member from Weru that they should stop being

proud. We know that when they were demarcating those locations, if you go to Mirangine, you

shall see what the PS did.

(Hon. Ndirangu rising on a point of order)

Speaker: He is on a point of order.

Hon. Gachomba: I am trying to say that it was all politics. When we were trying to demarcate

our areas of jurisdiction, the IEBC had clearly stated that…

(Hon. Ndirangu rising on a point of order.)

Speaker: Member for Mirangine, the member for Njabini is on a point of order.

(Hon. Ndirangu rising on a point of information)

Hon. Gachomba: I do not need any information Mr. Speaker.

(Hon. Ndirangu still on his feet)

Speaker: Member for Mirangine, he has said that he does not require any information


31


(Hon. Ndirangu insists on rising on a point of order)

Speaker: He is still on a point of order. Proceed member for Njabini

Hon. Gachomba: I want the members to realize that we did mistakes in the past. They can

remember that the IEBC had clearly demarcated should have two constituencies but politics

came over Hon. Kimunya and the rest interfered.

Speaker: Member for Njabini a point of order must be short and precise you are already

debating.

Hon. Gachomba: I want to make it clear that politics came over the.

Speaker: Actually Hon. Members I will elaborate this that although the member for Weru has

talked about the 12 chiefs, there is no credible information that has been tabled in this house on

what is there in Weru and what is there in Kinangop for comparison. I am only allowing this to

allow a vibrant debate otherwise the member for Weru should proceed.

Hon. Kimani: Thank you Mr. Speaker. The member for Njabini has actually misquoted me

because I am sympathizing with them. That is why I am quoting all these statements.

(Hon. Thuita rising on a point of information)

Speaker: Do you need information from the member for Gathanji?


32


Hon. Kimani: After I debate.

Speaker: Member for You cannot defer information. It is either you want it or you do not want

it.

Hon. Kimani: Yes I need the information.

Hon. Thuita: The point of information is that there is another ward in Kinangop that has one

chief. Nyakio ward has one chief. Imagine a whole ward with one chief.

(Hon. Muriithi rises)

Speaker: What is it member for Nyakio?

(Laughter)

Hon. Muriithi: Thank you Mr. Speaker. I want to support the member for Gathanji and inform

him…

Speaker: So you want to give further information to Hon. Member from Gathanji

Hon. Muriithi: Yes

Speaker: Do you accept that further information?


33


Hon. Thuita: Yes

Hon. Muriithi: in Nyakio we have one chief. In fact Nyakio is combined with Githabai that is

why we have all the contradictions. Githabai and Nyakio have one chief.

(Loud consultations)

Hon. Kimani: Mr. Speaker sir, protect me.

Speaker: Order members let us consult in low tones

Hon. Kimani: Thank you Mr. Speaker. I was actually trying to bring to light the leaders on

Nyandarua that when we talk we are not referring to Kinangop as a part outside Nyandarua.

Kinangop is part of Nyandarua. If the administration of Kinangop is in place, the economy of

Nyandarua will grow. By putting this leadership in place what we are enhancing is the

accountability and representation of the people. I put this challenge to the leadership that when

the time for election comes, they should be equipped to a point that…

(Loud consultations)

Mr. Speaker sir protect me

Speaker: Hon. Members let us have order.


34


Hon. Kimani: I want to recommend, because the member for Githabai has brought a motion to

have a deputy Sub-County administrator in the same constituency, there should be an addition of

ward officers. Actually even if we shall add a deputy Sub-County administrator they will still

have work load. There will be no efficiency of these officers since it will be tied up, they are

representing about 100,000 people in terms of population that is a big work load. It is almost a

County. I would ask that the members should support that the constituency should have more

work officers so that whatever is being implemented by the executive becomes accretes and have

the same average in the whole of the constituency. I support.

Speaker: Member for Mirangine.

Hon. Ndirangu: Thank you Mr. Speaker, I also support Hon. Kairu by saying that Kinangop

Sub-County is surely expansive. The Sub-County administrator is in engineer. He would be

better serving the wards near that particular area than the wards in the southern part. Therefore

the southern part of this Sub-County needs his assistance. I cannot imagine somebody coming

from Kenton to Engineer to see the Sub-County administrator. That is wastage of time and a lot

of money instead of going to Njabini. I totally support Hon. Kairu

I would like to chip in something about my ward…

(Laughter)


35


We have been swallowed by Ol’kalou and considered to be under it all the time. It is very

difficult for you to find wards officer in Mirangine. He concentrates on Ol’kalou ward,

Kaimbaga and Rurii. It is good that every Sub-County has its ward officers who will be working

in that particular Sub-County. Thank you.

Speaker: Yes member for Githioro:

Hon. Kagiri: Thank you Mr. Speaker I rise to support the motion brought by Hon. Kairu for two

reasons, in fact three. One, Kinangop Sub-County is a big area. Two, it has a large population.

Three, it has had a history of having two divisions even before the County Government. When

we had the defunct County council we had Engineer division and Njabini division. That one

made it easier for administration and revenue collection.

Mr. Speaker on revenue, I think it is the one that give the highest revenue to this County. If it is

not administered well then we shall lose a lot of revenue. The other day I was looking at the

quarterly report. What we used to collect in the defunct council is much more that what we’re

collecting now. If we do not take steps right now, we may be losing a lot of revenue. Therefore I

support that motion that we have a deputy Sub-County administrator to be stationed either at

Njabini or Engineer to administrate that area of Soko-Mjinga, Nyakio and Magumu.


36


There is also this issue that was in my mind that although Ol’kalou is a town on its own, we have

an administrator and we have Mirangine which has one and both are in Ol’kalou Sub-County and

they are not as big as Kinangop. If there is any legal opening through which we can create

another Sub-County in Kinangop…

(Hon. Ndirangu rising on a point of order)

Speaker: How is the member for Githioro out of order?

Hon. Ndirangu: The member is saying that this Sub-County is small. We are not serving the

sizes but we are serving the people there. I do not know where he got the exact sizes of the Sub-

County.

(Hon. Njiraini rises on a point of information)

Speaker: Do you require any information member for Mirangine?

Hon. Ndirangu: Totally

Hon. Njiraini: I would like to give the information that the Ol’kalou Sub-County operates on

five sub counties. If we consider population, Kinangop has a higher population that Ol’kalou but

if we consider the size, for example Kaimbaga ward is 110 sq. km. in wanted to give information

that Ol’kalou Sub-County is big and that is why it has two Sub-County administrators.


37


Speaker: I think member for Mirangine and member for Kaimbaga you are completely out of

order.

(Laughter)

Speaker: Obviously the member for Githioro never raised the issue of population. The sub

counties are demarcated according to the law. Why you should be saying that the member for

Githioro is out of order is because he is asking why Ol’kalou has a County administrator. The

answer is that the head quarter is entitled to have a Sub-County administrator and the rest is

given to other Sub-County administrators. That is where he was out of order but you did not raise

that. Proceed member for Githioro,

Hon. Kagiri: Thank you Mr. Speaker for defending me. I actually stated that Ol’kalou is a town

and a town requires and administrator and that is why Ol’kalou has two administrators. You

cannot compare and areas that has been mentioned on the floor of this house in terms of revenue.

If you can allow me Mr. Speaker, I can inform the member for Kaimbaga that I have been a

chairman of finance in the defunct County council and I know what I am saying. We get a lot of

revenue from those Soko-Mjinga there. In fact per day we used to get more than 60,000 shillings

in one Soko. You cannot compare that area with Kaimbaga. That is why I am supporting that that

motion is valid and we need a deputy Sub-County administrator. Thank you Mr. Speaker sir


38


Speaker: Member for Kipipiri

Hon. Kirumba: Thank you Mr. Speaker. I rise to support this motion. What this motion is trying

to do id to address the historical injustices. You will be surprised to hear that two wards have

only one chief. That to me is like a big joke. What will happen is that those people form that part

of the County will think that they are being treated just like that? What we are fighting for is to

have one County where people will feel that they are wanted. Now that the IEBC never took care

of what they were supposed to take care of, and they never implemented what we said and we

know that the time has passed and it is not likely to happen tomorrow. What we can do is to

address the shortcoming, through legal avenues. If we have a deputy Sub-County administrator

and we have the location at Njabini, you can be able to address that whole area. Those people

there will appreciate that they can even feel devolution in the sense that the service will be closer

to them. Now that somebody from Magumu will come all the way to engineer to have something

sorted out, we are taking a lot of man hours and the resources in terms of the fare they use while

that should have gone closer to the people there. What we are saying is that the County public

service board should be able to initiate this as per our recommendations. What we are doing is

that we are raising a red flag that all is not well in Kinangop. When Kinangop hears that we are

thinking of them, that is the harmony that we are talking about so that we can be able to get out

of the historical bondage of south and North Kinangop. This is what we should be doing now.


39


Having a deputy should be a better signal for our people who are there and they feel neglected so

that for a project that we had and everybody was up in arms saying that they do not want it

because the provincial administration as it used to be called, has a mandate of mobilizing the

people and the executive comes to deliver the policy. If we have only one chief he cannot be able

to mobilize the people to come for public participation. Those are the causes because we do not

have a person from the national Government mandated to come and tell the people that we have

a baraza and use that forum to tell them what you want to do. With those few remarks I support

that motion.

Speaker: County member from Njabini

Hon. Wahito: Thank you Mr. Speaker. I support that motion by Hon. Kairu and I congratulate

him for having this in his mind. Actually when we were having the public participation no

budget, there was a lot of complain on how the roads were done. After deliberations, we realized

that Mr. Kinuthia is overloaded and he needs somebody to help him. The complaint was that the

work was done without supervision and it is true that Kinuthia could not be able to supervise

eight wards at the same time.

Supporting Hon. Kagiri on the issue of revenue, he cannot be able to mobilize collection of

revenue in the whole constituency. It is very big and we have so many markets like Soko-


40


Mjinga, Magumu and other one in Njabini, Engineer and Ndunyu-Njeru. I think that it is good

that we all support that Mr. Kinuthia should have an assistant .Thank you Mr. Speaker

Speaker: Member for Njabini/Kiburu

Hon. Gachomba: Thank you Mr. Speaker. I congratulate the Hon members for thinking of

having a deputy Sub-County administrator in Kinangop constituency which has remained behind

for the last 50 years. As you have heard from the other members, Kinangop Sub-County has one

administrator from Kenton to Kwa-Mbariki, and actually it is too big. I remember when we were

grading the roads, somebody who was in Kenton and wanted to get the vehicle fueled had to wait

for Mr. Kinuthia to come to that area to approve the fueling of the vehicles. I think that this

motion have come at the right time. I support that even in terms of the wards officers we should

be given more.

Mr. Speaker, in terms of revenue, Kinangop has a lot of wealth but we have shortage of staff. We

are investigating a case where somebody from the streets has been taken to be collection of

revenue. We need more staff so that the services to be given to the people can be realized. I

support that we have the deputy Sub-County administrator and he should be given all the powers

just like the Sub-County administrator. We want him to work as a Sub-County administrator. He

should be given authority to oversee everything.


41


Speaker: Member for Gatimu.

Hon. Kieru: Thank you Mr. Speaker. I support this motion and it has come at the right time.

This is an issue that is very important and very passionate to me. It has been cited by a number of

members here that a Sub-County office is a very important office. We have seen the major works

that have taken place in Nyandarua County that has hit the minds of every Kenyan today on how

Nyandarua achieved in the area of road works in that year. We have heard this even from the

members of other County assemblies. Supposed we engaged the office of the Sub-County

administrator? We would have done a lot. I remember that information from the County used to

take three or four days before it gets to his or her office. Suppose the Sub-County was

capacitated? I mean the Sub-County offices need to be capacitated and I wish I knew, I would

have moved an amendment that the Sub-County offices be capacitated fully such that they

operate like offices. This is an administrator who has other officers below him or her that operate

in various fields. For example the national Government has the ministry of planning in Nairobi.

They devolved all other ministries to the districts and then to the divisions. As a County

Government we should embrace that. If we have a ministry at the County headquarter we should

devolve it further because all of them are here and they are saying that they do not have space

and offices but offices are there. Go to Kinangop, there are offices. Go to Oljoro-Orok there is an

office. Those people can work for those offices because they are not serving Ol’kalou but


42


Nyandarua County. If we are serving Nyandarua, let a few go to Ol’kalou, a few to Ndaragwa

and a few to Oljoro-Orok. This will create efficiency on how a Sub-County office should work. I

am supporting the creation of the office of a deputy Sub-County administrator. By the way these

people are late. In Oljoro-Orok, we are very lucky because we already have a deputy Sub-County

administrator. I do not know how you are going to up your politics game and be like us.

This is very easy. I know that this motion will compel the executive. I want to justify with the

law. The County Government act 54; allow me to read what it says.

Structures of decentralization

There shall be such further structures of decentralization as may be provided for in the County

legislation.

A County legislation can actually create further decentralized units

Mr. Speaker, allow me to go back to Sec. 48 of the County Government act, it talks a lot about

the decentralized units.

Subject to subsection (3) the function and provision of services of each County Government

The urban areas and cities that Kagiri was talking about, two sub-counties which are equivalent

to constituencies, three wards that we represent, four the number if villages that we shall create


43


and the County assembly and five such other of further units. This is what I am interested in;

such other. We are not told whether they are equivalent to the ward or they are equal to a Sub-

County or further which means that if they have ended and the villages we can go further as the

County Government may determine. If Hon. Kairu’s motion was that of a Sub-County

administrator it would have found its way because a County may decide to create a Sub-County

within a Sub-County such that it is governed as a Sub-County. Therefore the problems we have

been having as have been cited here by some of the members, it is because sub counties have not

been capacitated.

Today because I know madam Lydia who used to work here was seconded there as a deputy

Sub-County administrator, the work that those people have been doing together with our Sub-

County administrator, any information you want you will get if from one person if you do not get

there other person. Things are moving the way things should move. It’s not because Mr.

Kinuthia is unable but it is because he is completely incapacitated by the nature of work he needs

to do. If Oljoro-Orok has, why shouldn’t the Governor send even two deputy Sub-County

administrators to Kinangop? If in Oljoro-Orok we have one and Kinangop is big and common

sense tell us that we should...

(Hon. King’ori rises on a point of information)


44


Speaker: Yes member for North Kinangop.

Hon. King’ori: I want to inform the member that instead of deliberating, he should move a

motion of amendment of this motion that Kinangop has two deputy Sub-County administrators.

Speaker: I think that that has been overtaken by events since we agree that an amendment

should come two hours before the sitting. What the member for Gatimu is saying is that this was

done through a political arrangement and that there was no motion that was moved to give

Oljoro-Orok a sub-County administrator and it has worked. So in the same way that the members

of the County Assembly can go to the governor and say that they need a deputy sub-County

administrator. I think that this is total injustice that is happening at this time that Oljoro-Orok has

a deputy and Kinangop has none. Clearly this is injustice to Kinangop. Member for Gatimu.

Hon. Kieru: Thank you Mr. Speaker. I know that it will happen. The efficiency of the people

who are working together can be seen. I used to hear that there were some people who were

going around my ward and were purporting to look at the ways to check whether they work.

They were thieves because they did not come from the count Government. I was not able to get a

Sub-County administrator to know what was happening but I called the deputy, and I was able to

get what was happening. This shows how an office that has more than two people who can


45


disseminate certain information as pertain a certain level works. I support it and reading the

mood of the house…

Speaker: County member from Githioro.

Hon. Dorcas: Thank you Mr. Speaker. I rise to support his motion that Kinangop Sub-County

gets a deputy Sub-County administrator. I was in the defunct Nyandarua County council and

Kinangop had two divisions and there were officers in charge, bearing in mind the size and the

population of Kinangop. Now Kinangop has eight wards. If people in Kinangop can learn that

Oljoro-Orok has a deputy Sub-County administrator, they will come here with banners because

Kinangop is big and we only have one Sub-County administrator.

This means that if a person in Magumu has a problem that needs to be sorted out by a Sub-

County administrator, he has to go all the way to engineer. That is a waste of resources and time.

The spirit of devolution was to bring power closer to the people. I support that Kinangop Sub-

County gets a deputy Sub-County administrator and if possible should have two, for service

delivery and revenue collection so that the people of Kinangop may see the need for devolution.

Our people will appreciate the new constitution when they get service closer to them. The people

from Njabini may not be able to pay business permits because they cannot get the services. We

need a Sub-County administrator situated in Njabini so that the people coming from the four


46


wards like Njabini and Nyakio may get services to the closer to them. I beg to support the

motion.

Speaker: Yes member for engineer.

Hon. Gichuki: Thank you Mr. Speaker. This has come at the right time. This has become a

formative session where we have been able to understand the workings of this County. I rise to

support on the grounds of what has been given by many of us. Most importantly if you look at

the administration of Kinangop as a constituency, you will note that currently we have two Sub-

County deputy commissioners. When you go to the earlier demarcations, you will note that we

had D.Os from both ends. If it requires for a person to come to the Assembly and complain, are

we saying that for the administration of the County of Nyandarua politics require to be played for

the relevant individuals employed and paid to do this work? Must politics come in for them to be

able to do what they are supposed to do? Look at this kind of injustice, Mirangine and Kanjuiri,

the two wards have an administrator. Go to Oljoro-Orok which has four wards, it has an

administrator and a deputy. When you come to Ol’kalou which has five wards it has two

administrators and I am sure that they are going to be given deputies. When you go to Kinangop

which is the largest, nobody without being provoked by politics has ever seen it necessary to be

able to do this. We are not complaining but we are learning lessons. This injustice must come to

an end and the leadership of Nyandarua County Government must get this clearly that we are not


47


going to agree that the resources that we have are going to be discriminatory instead of dividing

among the five sub counties.

I would like to get captured in this that this is an urgent matter. We are asking that we be given a

substantive Sub-County administrator because even if you are going to give Kinangop a deputy

Sub-County administrator, and we take a case as an example of the works that have been going

on, the only one person who is going to have direct contact with things such as the release of the

money and all that, is the Sub-County administrator. He will be the direct link between the Sub-

County and the head quarter. We are simply saying that even if you create that office of the

deputy Sub-County administrator for the people of Nyakio, Githabai-Njabini and Magumu, they

will have to come to Engineer at one level. Their deputy must come to Engineer and their

decisions must come to engineer. As much as we think that we are helping these people we are

not doing much because there are responsibilities that cannot be done by the deputy. We have

not moved a motion of amendment but I would make a recommendation that Kinangop does not

require a deputy Sub-County administrator but a substantive Sub-County administrator. I wish

that the communication that will be given to the County public service board and the County

secretary that this is a matter that must be treated with the urgency that it requires and the

members of the County Assembly will be doing the follow up.

Speaker: Member for North Kinangop


48


Hon. King’ori: Thank you Mr. Speaker. I rise to support the motion but by invoking the

standing order number 54(2) I would ask that you allow that I move an amendment.

Speaker: Member for North Kinangop the plain reading of the standing order number 54 (2) it

says that despite paragraph (1), the Speaker may, in exceptional circumstances, allow a member

to move an amendment… you have not explained the exceptional circumstances that are there so

that the Speaker may exercise his discretion.

Hon. King’ori: Thank you Mr. Speaker. Looking at the contributions of the members to this

debate…

(His voice is too low)

Speaker: Is the microphone faulty or something or is it off?

Hon. King’ori: It is on. the south Kinangop is in dire need of two Sub-County administrators if

the constitution or any relevant act can allow we can have two substantive Sub-County

administrators, that is in the North Kinangop Sub-County and in the south Kinangop Sub-County

if not so we can have two deputy Sub-County administrators.

Speaker: What you are saying is that due to the expansive nature of Kinangop that you would

propose that we include another Sub-County administrator that is two Sub-County


49


administrators. I think that the first of your amendment cannot work. I do not believe that even if

we can do the legislation here we can be able to make the position of a Sub-County administrator

which is expressively provided for by the act. Even if you were to structure the devolved units, it

requires legislation according to the County Government act and you cannot do it through a

motion. What you can do is to amend the motion such that we can have two deputy Sub-County

administrators

Hon. King’ori: Thank you Mr. Speaker for that guidance. I beg to move an amendment on the

motion brought by Hon. Peter Kairu on the last paragraph where we have creating the office of a

Deputy Sub-County Administrator that we delete the word ‘a’ we add two deputy Sub-County

administrators and in the word administrator we add ‘s’ to read administrators. I call upon Hon.

Kieru to second.

Speaker: Is that amendment complete? We have the phrase to recruit a person thereof. You have

to amend accordingly.

Hon. King’ori: Thank you Mr. Speaker for that guidance, I therefore add and to delete ‘a’ to

read persons thereof to take charge of one part of the expansive Kinangop County. I call upon

Hon. Kieru to second

Speaker: It is still not complete. We have the words ‘each part’


50


Hon. King’ori: Mr. Speaker, I am asking that you allow me to go back to where I stated the first

amendment. In the last paragraph of this motion, I move a motion of amendment that to create

the office of a Deputy Sub-County Administrator and delete the word ‘a’ between the words ‘of’

and ‘deputy’ to read two deputy sub-County administrator and add an‘s’ to the word

administrator to read administrators. We delete the word ‘a’ between the words recruit and

person and to add an‘s’ to the word persons so that it can read to recruit persons thereof. We

delete the word one between the word ‘of’ and ‘part’ so that it reads part and after the words

expansive Kinangop Sub-County we add ‘the same power as the Sub-County administrator and

the said deputy Sub-County administrator runs as a substantive Sub-County administrator.

Speaker: You are clearly sneaking in the requirement of legislation because I think that one for

the job to do, that will be the work of the CEC finance such that when they will be deployed they

will be given the powers of accounting officers and this will be done on the letter of appointment

but your sentiments have been heard. I think the phrase ‘to take part of the expansive Kinangop

Sub-County’ is okay. Yes member for engineer.

Hon. Gichuki: The main concern of this amendment, we do not want to look like we are

directing the County public service board on how it is going to enlist the role of the Sub-County

administrators who will be employed, the concern may not be addressed if we allow it at that

level. The concern is, if the Sub-County administrator who is there is unable to give service to


51


the entire County, that means that the kind of services we are asking for in the southern part and

North Kinangop, ought to be in equal measure. We want a substantive Sub-County administrator

if it is not possible to provide for a substantive Sub-County administrator, that is why we are

saying that this deputy Sub-County administrator, it be recorded that this house was for the

feeling that they be given substantive offices so that is also guides the County public service

board as it goes ahead to recruit these officers so that is can cure the mischief we are trying to

look into.

Speaker: Member for Gatimu

Hon. Kieru: Mr. Speaker I second.

Speaker: I think what we are agreeing is that after the words ‘Sub-County administrators we add

with such powers as vested to the office of a Sub-County administrator.

Members: Yes

(Question on the amendment proposed)

(Question on the amendment put and agreed upon)

Speaker: The motion is amended accordingly. Proceed member for North Kinangop


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Hon. King’ori: Thank you Mr. Speaker. Having done that amendment, now the Sub-County of

Kinangop is now dully supported in a manner that the spirit of devolution will be felt by the

common mwananchi.

Speaker: Member for Kaimbaga

Hon. Njiraini: Thank you Mr. Speaker first is to congratulate the member for Githabai. I know

that he will be very settled now because he has been saying that his ward has been neglected. His

please have been heard and when he is in the assembly he will be very comfortable. I also uphold

your ruling that made sure that this motion was moved. I think it is good that when the motion

has been signed, it is moved; you can see the sense of it. The motion for Hon. Kairu has come up

with many resolutions and we have seen the way forward for this County. I call upon the mover

to respond.

Speaker: The mover.

Hon. Kairu: Thank you Mr. Speaker. I thank the members for the support they have given to

this motion. I shrank when I heard that my motion will not be moved and I thank the Hon

members for the support they have given me and the wise decision of the Speaker who came to

my rescue. Mr. Speaker, as you have heard about Kinangop, it has its own assistant County

commissioner, we have the education officer and when we come to medical issues, we have all


53


the heads in the area. Members have contributed and I am fully satisfied, I will just add that the

County public service board be directed to effectively undertake the process and report to the

house within 21 days so that when we shall be implementing the budget I will be very happy

because Githabai ward will not be left behind. I beg to move the motion. Thank you Mr. Speaker

Speaker: Thank you member for Githabai.

(Question on the motion as amended put and agreed upon.)

The motion is now passed and from the contributions made by the members on this motion and

as requested by the mover, it is being directed as a resolution of this house that this matter be

taken action on within 21 days after the resolution being submitted to the executive. It is also my

concern that the two deputy Sub-County administrators may not do much. I think that this House

also needs to move in speed to make sure that the ward administrators are appointed and put in

place and also the village administrators. That is the only way that the people will feel that the

Government is within and really working.

(Applause)

Next


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Clerk: Mr. Speaker the next motion is the motion on adoption of the report on the distribution

and the status of the members of staff in the ministry of Agriculture, livestock development and

fisheries by Hon. Samuel Kimani Njiraini.

Speaker: Yes member for Kaimbaga

Hon. Njiraini: Thank you Mr. Speaker. I wish to seek leave that I be allowed move this motion

on adoption of the report tomorrow. We need to do the alignment with my committee and move

the motion tomorrow at 10.30 in the morning. Thank you Mr. Speaker

Speaker: What is the reason for that member for Kaimbaga?

Hon. Njiraini: Mr. Speaker we would like to do some alignment with the members of the

committee so that we can make some issues clear and move the report tomorrow by 10.30.

Speaker: I think members that he is not asking for too much. If there are issues that they need to

clarify then the house business committee can try to squeeze time around 10.00 in the morning.

Next

Clerk: Mr. Speaker there is no other order.

Speaker: The business for today is exhausted but before we can adjourn I will communicate that

the members of the lands housing and physical planning committee would like leave from this


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house that they proceeded with the vetting of the County land management committee and there

are timelines so we shall allow them to proceed with that vetting tomorrow as the plenary

proceeds.

(House adjourns to Wednesday 23rd July 2014 at 9.00 am)


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