NANDI COUNTY ASSEMBLY OFFICIAL REPORTnandiassembly.go.ke/wp-content/uploads/2018/03/2018.01... ·...

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1 Disclaimer: The electronic version of the Official Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, through the Office of the Clerk. ASSEMBLY DEBATES 30 Jan, 2018 NANDI COUNTY ASSEMBLY OFFICIAL REPORT Tuesday, 30 th January 2018 The House met at 9:30am The Speaker (Hon. Joshua Kiptoo) in the Chair PRAYER COMMUNICATION FROM THE CHAIR Hon. Speaker: Hon. Members I want to welcome you to this special sitting for the business before us. I just want to communicate to the Committee Chairs. One of the reasons we have delayed coming in is because the Committee Chairs, almost all of them were unprepared for this session in terms of their reports being signed late, not knowing how to proceed from here. So, I want to make it clear and I think the Liaison team should take note. The Committee Chairs have to ensure that two or three days before coming to such a session their work is complete and clear. They should also ensure that they have been properly appraised. So that next time we would not have a case where we start the session late. But that said and done, I welcome you for this special sitting for the day. PAPERS LAID REPORT ON THE APPOINTMENT OF CHIEF OFFICER NOMINEES FOR ECONOMIC PLANNING AND FINANCE DEPARTMENTS Hon. Kiplagat: Thank you Mr. Speaker. I wish to lay on the floor of the House--- I wish to give a notice of Motion on the appointment of Chief Officer nominees for Economic Planning and Finance departments. I beg to table. (Hon. Kipkemboi stood on a point of order) Hon. Kipkemboi: Mheshimiwa Spika, ni halali kwa Mheshimiwa ambaye ameongea, kupeana ilani ya hoja ilhali alifaa kupeana ripoti? Hon. Kiplagat: Thank you Mr. Speaker, I said I wish to table to the Hon. House a report--- Hon. Speaker: In the first instance you mentioned a notice of Motion. Hon. Kiplagat: I am sorry I was wrong--- Hon. Speaker: That is why Hon. Kipkemboi was up trying to correct you.

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ASSEMBLY DEBATES 30 Jan, 2018

NANDI COUNTY ASSEMBLY

OFFICIAL REPORT

Tuesday, 30th January 2018

The House met at 9:30am

The Speaker (Hon. Joshua Kiptoo) in the Chair

PRAYER

COMMUNICATION FROM THE CHAIR

Hon. Speaker: Hon. Members I want to welcome you to this special sitting for the business

before us. I just want to communicate to the Committee Chairs. One of the reasons we have

delayed coming in is because the Committee Chairs, almost all of them were unprepared for this

session in terms of their reports being signed late, not knowing how to proceed from here. So, I

want to make it clear and I think the Liaison team should take note. The Committee Chairs have

to ensure that two or three days before coming to such a session their work is complete and clear.

They should also ensure that they have been properly appraised. So that next time we would not

have a case where we start the session late. But that said and done, I welcome you for this special

sitting for the day.

PAPERS LAID

REPORT ON THE APPOINTMENT OF CHIEF OFFICER NOMINEES FOR ECONOMIC

PLANNING AND FINANCE DEPARTMENTS

Hon. Kiplagat: Thank you Mr. Speaker. I wish to lay on the floor of the House--- I wish to give

a notice of Motion on the appointment of Chief Officer nominees for Economic Planning and

Finance departments. I beg to table.

(Hon. Kipkemboi stood on a point of order)

Hon. Kipkemboi: Mheshimiwa Spika, ni halali kwa Mheshimiwa ambaye ameongea, kupeana

ilani ya hoja ilhali alifaa kupeana ripoti?

Hon. Kiplagat: Thank you Mr. Speaker, I said I wish to table to the Hon. House a report---

Hon. Speaker: In the first instance you mentioned a notice of Motion.

Hon. Kiplagat: I am sorry I was wrong---

Hon. Speaker: That is why Hon. Kipkemboi was up trying to correct you.

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ASSEMBLY DEBATES 30 Jan, 2018

Hon. Kiplagat: Okay noted Hon. Speaker. I wish to lay to the floor the report on the

appointment of chief officer nominees for Economic Planning and Finance departments

Hon. Speaker: Hon. Kipkurui Chepkwony you are proving to be disorderly, kindly settle

quickly.

Hon. Kiplagat: Mr. Speaker, I beg to table.

Hon. Speaker: Hon. Members, the report submitted by the Chair for Budget and Appropriations

Committee is adopted as a document of the House and as per the procedures the same will be

debated today due to the short notice and due to the special nature of our sitting. On a good day

we would have it debated on a different day but we are going to debate it on the same day.

REPORT ON THE APPOINTMENT OF CHIEF OFFICER NOMINEE FOR EDUCATION

AND ICT DEPARTMENTS

Hon. Rono Emmanuel: Thank you Hon. Speaker. On behalf of the Committee pursuant to

Section 45 (1b) of the County Governments Act, Section 75 of the Public Appointments

Approval Act of 2017 and the Nandi County Assembly Standing Order 46 (4) it is my pleasure

to table the report of the sectoral Committee on Education, Research and Vocational Training on

the vetting of Mr. Daniel Kibet Sang, and Mr. Jonathan Kipchumba Misoi for the appointment as

Chief Officers of the respective County Departments. Thank you.

Hon. Speaker: Hon Members, as tabled by Hon. Rono Emmanuel on behalf of Education and

Vocational Training Committee, the House formally adopts this particular report as its document

and will be up for debate and discussion.

REPORT ON THE APPOINTMENT OF CHIEF OFFICER NOMINEES FOR COOPERATIVE

DEVELOPMENT AND TOURISM AND CULTURE DEPARTMENTS

Hon. Chumba Milka: Thank you Mr. Speaker. I rise to table the report on the vetting of

nominees for the appointment as Chief Officers for Cooperative Development and Tourism and

Culture departments. On behalf of the Committee pursuant to Section 45 1b of the County

Government Act 2012, 7 clause 5 of the Public Appointment County assembly Approval Act

2017 and the Nandi County Assembly Standing Order number 46 (4), it is my pleasant duty to

table the report of the Sectoral Committee on Tourism Culture and Cooperative Development on

the vetting of Mr. Meshack Kipkorir Malakwen and Miss Beatrice Nancy Chepchumba

Chemurgor for appointment to the position of Chief Officers in their respective County

Departments. I wish to table. Thank you.

(Hon. Kipkurui Chepkwony stood on a point of inquiry)

Hon. Kipkurui Chepkwony: Thank you. Hon Speaker, as per the procedures of this Hon.

House, in such a matter that a report is tabled and is due for deliberation the same day, Hon.

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ASSEMBLY DEBATES 30 Jan, 2018

Speaker I think it is proper and procedural that the Leader of Majority would do move a Motion

requesting the Members to approve such so that it will be procedural Mr. Speaker. So as per your

comment earlier on I think it is just procedural order that the Leader of Majority does move a

Motion requesting the Hon. House to approve that reports be tabled and deliberated on at the

same time as order of procedure Hon. Speaker. Hon. Speaker this is a very serious issue we are

handling and it is important that we stick to procedure.

Hon. Speaker: I will address that Hon. Kipkurui Chepkwony. Just in a moment.

(Consultations)

Hon. Speaker: Hon. Members the report on the vetting by the Committee on Tourism, Culture

and Cooperative Development as tabled by Hon. Milka Chumba is now adopted as a formal

document of the House ready for deliberation. Before I could give the next Chair to table, allow

me just one minute before I can be able to answer the query by Hon. Kipkurui Chepkwony.

(Consultations)

Hon. Speaker: Hon Members, Hon Chepkwony has raised an issue of procedural technicality as

to the moving of a Motion. I wish to draw the attention of the Members to our Standing Order

number 30 that talks about special sitting and as per the Order number 30 sub section (1) is that

once we are out of session and anytime we seek to have a special session we have a case

whereby the Speaker may request the Leader of Majority or the Leader of Minority to appoint a

day for the special sitting in the County Assembly. So the same request normally comes from the

Leader of Majority or the Leader of Minority. Secondly, it is normally for specific business

transaction that is why sub section (2) states that the Speaker may allow a request under

paragraph 1 if we satisfy that the propose to be transacted is related to any urgent or exceptional

business. Further you find that sub-section (3) mandates that we shall by a notice of a gazette

notify the Members of the place date and time upon for the special sitting of the Assembly. So

the bare minimum requirement is the place the date and time in that particular gazette notice.

Further sub section (4) also goes ahead and talks about that the Speaker shall specify the business

to be transacted on the day or days appointed and the business specified shall be the only

business before the County Assembly during the special sitting following which the County

Assembly shall stand adjourn until the day as per the County Assembly Calendar. So it is true

that when it is an ordinary day sitting the Leader of Majority has to move by way of Motion for

such tabling in form of a paper discussion on the same day. Now this being a special sitting, the

same can be dispensed which at the time of giving the notice where the Speaker has to specify

the nature of the business, the urgency of the business, and the same must have come as a request

from the Majority Leader. So if it was my own unilateral decision to call the House without the

Majority Leader giving a request of such, then it would have needed the Leader of Majority to

table a Motion over the same but by virtue in the request tabled by the Majority Leader, it was

very specific the request by the Majority Leader was on one, tabling, debate and approval of the

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ASSEMBLY DEBATES 30 Jan, 2018

Chief Officers list. Secondly, we have tabling, debating and approval of regulations on Mortgage

and Car loan then finally the tabling of the Finance Bill. So the specific nature of the request

satisfies the condition of moving a Motion on such an extra ordinary day. So Hon. Kipkurui

Chepkwony thank you so much for noting the same and the same has been dispensed under the

same so I will ask next---

(Hon. Kipkurui Chepkwony and Hon. Koech Gideon stood on points of clarification)

I would rather Hon. Koech Gideon goes first.

Hon. Koech Gideon: Thank you Mr. Speaker. On the same Standing Order that you have read,

Standing Order number 30 (3), the Speaker shall by one notice in the Gazette, notify that

Members of place, date and time appointed for special sitting of the County Assembly. I saw the

gazette notice and it was signed by the Hon. Deputy Speaker, Wilson Sang. I am seeking inquiry

on that note whether it is in order for the Deputy Speaker to have been the one to sign on behalf

of the Speaker.

Hon. Kipkurui Chepkwony: Hon Speaker thank you for that clarification however Hon.

Speaker, as it is indicated clearly, whenever the County Assembly meets for a special sitting

under paragraph (1), the Speaker shall specify the business to be transacted on the day or days

appointed. Hon. Speaker according to the specifications on the gazette notice, it is adoption. So

the bit about tabling did not appear. That is why I want us to save this Hon. House against being

disorderly. If in procedure in other legislatures and in practice, I remember a special sitting that

was called sometimes here in 2015. That special sitting could not take place just because there

was no valid documentation on gazettement, which the Standing Order states that it should be

specified. To save face, it is in order that the Leader of Majority did request after consulting us

which we accepted and he requested on behalf of the Members that we have a special sitting to

transact that business. So as a matter of procedure, that do not take more than a minute though

that a Member then moves that we reduce the time between tabling of a report and discussion

because when we have special sitting it does not negate the normal way of doing business in the

Assembly. So, I think it wouldn’t take long if just a Member of the leadership of the House

moves so it is seconded and you put question so that we are just in order. Hon. Speaker, I don’t

think it is just a matter of order because already we are here. We just want to be procedural.

Thank you.

Hon. Speaker: Hon. Kipkemboi you wanted to say something before I can address the concern?

Hon. Kipkemboi: Mheshimiwa Spika Kanuni za Bunge nambari 5 (b) inasema ya kwamba kila

Mheshimiwa lazima apewe nakala ya wasifu kazi ya wanaogombea nafasi. Mhe. Spika hadi sasa

sijui kiwango cha elimu na tajriba zao ilhali tunaelekea kupitisha hoja hii. Ningependa tupewe

nakala ya wasifu kazi zao.

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ASSEMBLY DEBATES 30 Jan, 2018

Hon. Speaker: Hon. Members let me first deal with the first concern of Hon. Koech Gideon. I

will draw the Hon. House to our Constitution that is Article 178 which establishes the office of

the County Assembly and in that case it states that each County Assembly shall have a Speaker

elected by the County Assembly from among persons who are not Members of the Assembly.

Sub Article 2 talks about a sitting of the County Assembly shall be presided over by (a) the

Speaker of the Assembly or (b) in the absence of the Speaker, another Member of the Assembly

is elected by the Assembly. Then Parliament shall enact legislation providing for an election and

removal of the office of the Speaker of the County Assembly. As per the Article on the

Constitution, the office of the Deputy Speaker is put in specifically to deputize the Speaker so

that in the absence of the Speaker the Deputy Speaker is the one who can take charge. You will

note that when we issue a gazette notice, if I am not there, the only other person who can sign

that particular gazette notice is the Deputy Speaker. The Leader of Majority cannot and the

Leader of Minority cannot. It is only the Deputy Speaker. We have members of the Speaker’s

panel but they cannot sign, it is only the Deputy Speaker. That is why the Deputy Speaker signed

in the absence of the Speaker. It is envisaged that at no point should we have business of the

House stalled due to the absence of the Speaker. So that one is drawn directly from the

Constitution. I think I will take one minute before I can address both Hon. Kipkurui

Chepkwony’s and Hon. Kipkemboi concern. In the meantime I would ask the Clerk to ensure

that all documents that are necessary are given to all Members.

(Hon. Kipkemboi stood on a point of information)

Hon. Kipkemboi: Mheshimiwa Spika, ni halali kupewa nakala hizi wakati huu ilhali kulingana

na sheria ni lazima tupewe masaa mawili kabla ya kikao cha Bunge kuanza? Mhe. Spika

nashangaa kwani hawa Karani hawana mpangilio?

Hon. Speaker: So Hon. Chepkwony as captured in your submission, you agree with me as a

matter of procedure the same has to be clearly provided under the gazette notice and that is why I

made it clear to take you through on how we satisfy that procedural requirement that the Leader

of Majority has to specify and in specifying am saying specific order of business. I think I have

now reduced your concern to be purely the wording. Whether the wording captured the same and

if am served right by the copy of the gazette notice and the request that was made as the specific

as possible and that the matter would deal with tabling and approval of the same. When you say

approval, approval can’t happen before the same can be tabled. It is the same tabling and the

approval so I think that one I will let the matter rest there. Hon. Kipkemboi has raised a

legitimate concern as to at what time were the Hon. Members given time as the Members of the

Committee or as interested parties to go through the report. Maybe the answer to that will be

understandable legitimate concern which goes to the Chairs of the Committees. I hope when the

Chairs of Committees were meeting with their Members, none of their membership were denied

a chance to look at the final draft because the danger with that is if the matter is tabled in the

floor of the House there is a real possibility the same Committee Members may choose to disown

the report. That was why I was urging the Committee Chairs to ensure that they stick to proper

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ASSEMBLY DEBATES 30 Jan, 2018

timing and procedure within which individual Members are able to see the same. With that said

and done, the second legitimate concern of Hon. Kipkemboi which talks about the issue of

whether the documents were availed in time, on the format, we cannot give out the same

documentation unless and when we adopt it that is why we are tabling it in form and order and

we adopt it as an official document. So maybe the challenge and the concern could go on the

Committee level but at this point it is after we have tabled that is when we can now be able to

avail that is why I have instructed the clerks to ensure the Hon. Members once we table and have

adopted the document of the House, now the Hon Members can have the same. Thirdly, due to

time constraints, this special sitting comes backdrop of time consuming constraints. Ideally we

should have finished, done and dusted this particular business of vetting and approving the Chief

Officers list but due to circumstances known to the Hon. Members, the list was given just before

the Hon. Members were to proceed for recess, at the same time the vacation which also is

affected of course by the holidays we have. From January 1st up to now I have tried to give

Committees time so that they can be able to finish their work. I think the special nature of this

business arises out of the time constraints on a good day if it is our normal sitting we rarely

encounter such a thing. So I think that one will be my communication. I hope I will not allow

you to challenge the one on the Motion.

Hon. Kipkurui Chepkwony: Hon. Speaker this Hon. House being a House of procedure and

guided by rules and regulations, it is just proper that also once in a while we help each other.

Hon Speaker, Standing Order 182(7) requires that when a report is tabled it is supposed to be

circulated 48 hours before discussion. That is the basis of my argument Hon. Speaker. That in

view of the same, it is required of us. If I may remind all of us, of a scenario, all of us remember

when Professor Lumumba was the Chairman EACC and the Parliament reduced the time of

tabling a report and adoption of a report to 30 minutes. Hon. Speaker you and I know Lumumba

went home. Hon Speaker in practice we have the power to reduce that time of tabling submission

to Members and adoption. Furthermore if as all of us did this matter is as of County importance,

then Hon Speaker we can invoke Standing Order 34. So I would suggest Hon. Speaker if you

could still consider that for a moment.

Hon. Speaker: Hon. Kipkurui Chepkwony you have rightfully picked out Standing Order

number 182(7) which talks about a report being laid on the table within 48 hours. After the report

has been laid on the table of the County Assembly after which the Clerk shall publish the report

on the County Assembly website and circulate copies to Members. So when you talk about

within 48 hours, then where within the 48 hour period? And that is why I have talked about a

special sitting basically captured in the gazette notice we wouldn’t be here if not for that specific

nature of the business. The only reason why we would be here is because of the specific nature

of the business. I think I would take the last comment about the same by Hon. Kipkemboi so that

we close the matter on the same.

(Hon. Kipkemboi stood on a point of information)

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ASSEMBLY DEBATES 30 Jan, 2018

Hon. Kipkemboi: Mheshimiwa Spika kikao hiki sio halali kulingana na sheria kwa sababu

Kiongozi wa walio Wengi ndiye aliyetuita na yeye ndiye anayefaa kutuambia lengo la kikao hiki

maalum. Tumekuja tu na kuketi, tumeanza shughuli ilhali hatujaskia kutoka kwa Kiongozi wa

walio Wengi.

Hon. Speaker: Hon. Kipkemboi just to settle the matter, I will have to take you to Standing

Order number 30 (1) which talks about the Speaker may on the request of the Leader of Majority

or the Leader of Minority appoint a day for a special sitting. So the first thing is that the Leader

of Majority made a request and specified the date of 30th of January. It is on that request that the

Speaker now comes in and say, the Speaker may allow a request so at that point, the Hon.

Majority Leader is expected to just seek a request and then the Hon Speaker is the one to call for

the session. As to the communication we do a gazette notice. The agenda of the business is

captured on the same. Special sitting is for very specific business. That is why it was done.

Maybe you informally talk about it in form of a party caucus or kamukunji that is where maybe

you expected the Majority Leader to have and the request to have, normally the Majority Leader

comes after the Majority Leader has possibly made and sought advice and comments from the

Members. So am sure it is a culmination of process by the time the Majority Leader comes to

request for the same I would assume it is the feeling or input of membership of his side that

would want that. In the interest of time, I think I would have substantively answered the same

and I think that would put to rest on the same.

REPORT ON THE APPOINTMENT OF CHIEF OFFICER NOMINEE FOR LANDS

ENVIRONMENT AND NATURAL RESOURCES

Hon. Kirwa Robert: Hon Speaker, on behalf of the Committee pursuant to Section 45 (1b) of

the County Assembly Act number 17 of 2012, Section 9 of the Public Appointees County

Assembly approve of Act number 5 of 2017 and the Standing Order 46 (1) it is my pleasant duty

to table report of the sectoral Committee on Lands Environment and Natural Resources on

vetting of Mr. Solomon Kipkosgei Mangira for appointment of Chief Officer, Lands

Environment and Natural Resources. Mr. Speaker I wish to table.

Hon. Speaker: As tabled by Hon. Robert Kirwa, on behalf of the Lands Environment and

Natural Resources, this report on the vetting of nominee for appointment as Chief Officer for

Lands, Environment and Natural Resources department, is formally adopted by the House as its

document and will be ready for discussion.

REPORT ON THE APPOINTMENT OF CHIEF OFFICER NOMINEE FOR

INFRASTRUCTURE AND TRANSPORT DEPARTMENT

Hon. Swadi: Thank you Mr. Speaker. On behalf of the Committee and the Chairman of

Transport and Infrastructure Committee pursuant to the provision of Standing Order number 194

(5), it is my pleasure to duly table the report as a Member of the Committee---

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ASSEMBLY DEBATES 30 Jan, 2018

Hon. Speaker: Yes Hon. Swadi I was getting concerned, I didn’t know you are the Chair for

Transport and Infrastructure Committee.

Hon. Swadi: Mr. Speaker, but I said on behalf the Committee and the Chairman as the Member

of that Committee. Pursuant to the provision of the Standing Order number 194 (5) it is my

pleasure to table the report on the floor of the House, report of the Committee on the vetting of

the Chief Officer nominee for Transport and Infrastructure, Mr. Jonah Kipruto Biwott.

Hon. Speaker: The report on Transport and Infrastructure Committee on vetting of Chief

Officer for Transport and Infrastructure as tabled by Hon. Jackson Swadi is formally adopted by

the House as its document and ready for debate and discussion.

REPORT ON THE APPOINTMENT OF CHIEF OFFICER NOMINEES FOR

ADMINISTRATION AND DECENTRALIZED UNITS AND PUBLIC SERVICE

MANAGEMENT DEPARTMENTS

Hon. Cheruiyot: Thank you Hon. Speaker. On behalf of the Members of the Devolved Units

and Special Programs Committee I being the Chair and pursuant to the Standing Orders Number

194 (5), it is my pleasure and duty to present to the House the Committee’s report on the vetting

of the Chief Officer nominees for the Administration and Decentralized Units and that of Public

Service Management Departments. Scolastica Chepkosgei Tuwei Chief Officer nominee for

Administration and Decentralized Units and two Grace Chepchirchir Sugut as the Chief Officer

nominee for Public Service Management. Thank you Hon Speaker, I wish to table the report in

the floor of the House.

Hon. Speaker: As tabled the report on Devolved Units and Special programs Committee on the

vetting of Chief Officer nominees for Administration and Decentralized Units the House

formally adopts as a document of the House ready for debate and discussion.

REPORT ON THE APPOINTMENT OF CHIEF OFFICER NOMINEES FOR

INDUSTRIALIZATION AND ENTERPRISE DEVELOPMENT AND TRADE AND

INVESTMENT DEPARTMENTS

Hon. Kering: Thank you Mr. Speaker. On behalf of the Members of Committee on Trade,

Investment and Industrialization Development, it is my pleasure and duty to present to the House

the Committee’s report on the vetting of Dr. Rose Chepleting Serem as Chief Officer nominee

for the Department of Trade and Investment, and Wilson Kipsigei as Chief Officer nominee for

the Department of Industrialization Development. I therefore table the report.

Hon. Speaker: Report on vetting of Dr. Rose Chepleting and Mr. Wilson Kipsigei as Chief

Officer nominees to the Department of Trade and Investment and Industrialization Development

as tabled by the Chair of Committee on Trade, Investment and Industrial Development, the

House formally adopts this as its document ready for debate and discussion.

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ASSEMBLY DEBATES 30 Jan, 2018

REPORT ON THE APPOINTMENT OF CHIEF OFFICER NOMINEES FOR MEDICAL

SERVICES AND PREVENTIVE AND PROMOTIVE HEALTH DEPARTMENTS

Hon. Sanga: Thank you Mr. Speaker on behalf of the members of Health and Sanitation

Services Committee and pursuant of provision of Standing Order number 194 (5) it is my

pleasure and duty to present to the House the Committee’s report on vetting of Chief Officer, one

Sally Cherugut Kemboi, for Preventive and Promotive Health and Dr. Paul Kipng’etich Lagat

Chief Officer nominee for Medical Services. Mr. Speaker, I beg to table this report before the

House.

Hon. Speaker: The report from Health and Sanitation Services Committee on vetting of Chief

Officers for Preventive and Promotive Health and Medical Services as tabled by Hon. Sanga is

formally adopted by the House and ready for debate and discussion.

REPORT ON THE APPOINTMENT OF CHIEF OFFICER NOMINEE FOR AGRICULTURE

DEPARTMENT

Hon. Maru: Thank you Mr. Speaker. On behalf of the Committee on Agriculture, Livestock and

Fisheries pursuant to the Public Appointment which is the County Assemblies Approval Act

2017 and the provisions of Standing Order number 194 (5), it is my pleasure and duty to present

to the House the Committee’s report on the vetting of Dr. Benedette Cheptoo Misoi Tiony as the

Chief Officer nominee for the County Department of Agriculture. I wish to table the report to the

floor of the House.

Hon. Speaker: The report of sectoral Committee on Agriculture, Livestock and Fisheries on the

vetting of Dr. Benedette Cheptoo Misoi Tiony Chief Officer nominee for the County Department

of Agriculture as tabled by Hon. Maru, is formally adopted by the House as its document and

will be ready for debate.

REPORT OF BUDGET AND APPROPRIATIONS COMMITTEE ON FINANCE BILL 2017

Hon. Kiplagat: Thank you Mr. Speaker, on behalf of the Members County Budget and

Appropriations Committee and as required under Standing Orders, I take this opportunity to

present to the House the Committee’s report on the Nandi County Finance Bill 2017 No. 3 as

submitted to the County Assembly by the Executive Committee Member for finance on 31st

November, 2017. I beg to table.

Hon. Speaker: Report on Finance Bill 2017 as tabled by the Chair Budget and Appropriations

Committee is now formally adopted as a document of the House and will be ready for discussion

and debate.

REPORT ON THE APPOINTMENT OF CHIEF OFFICER NOMINEES FOR YOUTH

AFFAIRS AND ARTS, SOCIAL WELFARE AND SPORTS DEPARTMENTS

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ASSEMBLY DEBATES 30 Jan, 2018

Hon. Muge Cynthia: Thank you Mr. Speaker. On behalf of the Committee on Youth, Gender

Sports and Social Services and pursuant to the Public and Appointment County Assemblies

Approval Act 2017 and the provision of Standing Order number 194, it is my pleasure and duty

to present to the House the Committee’s report on the vetting of Mr. Kennedy Cheruiyot Tanui

as Chief Officer nominee for County Department of Sports, Mr. Nelson Ligaga Muingi Chief

Officer nominee for County Department of Youth Affairs and Arts and Mr. Philip Kipsang

Towett Chief Officer nominee for County Department of Social Welfare. Mr. Speaker I table this

report.

Hon. Speaker: The report by the sectoral Committee on Youth, Gender and Social Services on

the vetting of the three nominees is formally adopted by the House as its document for debate

and discussion. Next, do we still have any pending papers to be tabled?

REPORT ON THE COUNTY EXECUTIVE AND COUNTY ASSEMBLY CAR LOAN AND

MORTGAGE REGULATIONS

Hon. Morogo: Thank you Mr. Speaker. On behalf of the Members of Delegated County

Legislation Committee, it is my pleasant duty pursuant to section 17 of the statutory Government

Act 2014 and under Standing Order 193 to present the report on County Executive and County

Assembly Car Loan and Mortgage Regulations. I wish to beg to table on the floor of the House

Mr. Speaker.

Hon. Speaker: The report by Delegated County Legislation Committee on County Executive and County

Assembly Car Loan and Mortgage Regulations 2018, is formally adopted as a document of the House ready

for debate and discussion. That now I think settles on the order, the Papers that will be tabled.

(Hon. Kipkurui Chepkwony on a point of information)

Hon. Kipkurui Chepkwony: Thank you Hon. Speaker. I think as per my interjection, it is

imperative that it was generally agreed that we are going to be adopting the reports. So, I expect

that the specific Chairmen give notices of Motion.

Hon. Speaker: Hon. Swadi you had a similar concern? I think you will give a minute before we

can clarify from the clerks whether that is being sorted.

(Consultations)

Hon. Speaker: Hon Members, even though we had stated clearly that the Gazette Notice itself

was enough for the same, but there will be no harm if all the Chairs of the Committees move

their respective Motions now that they have tabled the respective reports. I think they have been

properly briefed and they are aware how moving of a Motion is done. So I think the Chairs of the

sectoral committees who have tabled their reports need to move the same Motions. I think

starting with--- Hon. Swadi you want to go first?

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ASSEMBLY DEBATES 30 Jan, 2018

NOTICES OF MOTION

APPROVAL OF THE APPOINTMENT OF CHIEF OFFICER NOMINEE FOR TRANSPORT

AND INFRASTRUCTURE DEPARTMENT

Hon. Swadi: Yes Mr. Speaker, thank you. On behalf of the Chairman and the Committee of

Transport and Infrastructure, as a Member of that Committee, I stand to move a Motion for

approval for appointment of Chief Officer nominee---

(Hon. Koech Gideon stood on a point of order)

Hon. Koech Gideon: Is the Hon Member in order to move a Motion before giving a notice of

the Motion? I think Hon. Swadi, senior Member of this Hon. House, should guide us the new

Members of the County Assembly.

Hon. Speaker: Hon. Swadi it is being said as a senior Member you knew better.

(Hon. Kipkemboi stood on a point of order)

Hon. Kipkemboi: Ningependa kupata habari kuhusu Sheria za Bunge hili Mheshimiwa Spika.

Wakati huu tungali kwenye kupeana ripoti kutoka kwa Kamati mbali mbali. Kupeana ilani ya

Hoja inafaa kuwa shughuli nambari sita.

Hon. Speaker: Hon. Kipkemboi I think you were not attentive enough because we finished with

the Papers and I asked for the next order Petitions and now we are in number six, Notices of

Motion and I think the same sequence is given by our Standing Order. If you look at our

Standing Order 41, the same sequence is what has been followed. So I think the Clerk had read

out order number five Petitions and had read out Order number six that is why Hon. Kipkurui

Chepkwony had mentioned that it was imperative or it is important for the Hon. Members. So

Hon. Swadi kindly proceed.

Hon. Swadi: Thank you Hon. Speaker and thank you Hon. Koech Gideon for your correction

yes I stand to give a Notice of Motion on approval of the appointment of Chief Officer nominee

for the Department of Infrastructure and Transport.. Thank you.

APPROVAL OF THE APPOINTMENT OF CHIEF OFFICER NOMINEE FOR LANDS

ENVIRONMENT AND NATURAL RESOURCES DEPARTMENT

Hon. Kirwa: Thank you Mr. Speaker. I stand to give a Notice of Motion on approval of the

appointment of Chief Officer nominee for Lands, Environment and Natural Resources

Department.

APPROVAL OF THE APPOINTMENT OF CHIEF OFFICER NOMINEES FOR

EDUCATION AND ICT DEPARTMENT

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ASSEMBLY DEBATES 30 Jan, 2018

Hon. Rono Emmanuel: Thank you Hon Speaker, I wish to give a Notice of Motion on approval

of Chief Officer nominees for Education and ICT Departments. Thank you.

APPROVAL OF THE APPOINTMENT OF CHIEF OFFICER NOMINEES FOR ECONOMIC

PLANNING AND FINANCE DEPARTMENTS

Hon. Kiplagat: Thank you Mr. Speaker, I wish to give a Notice of Motion on approval of

appointment of Chief Officer nominees for Economic Planning and Finance Departments. Thank

you.

APPROVAL OF THE APPOINTMENT OF CHIEF OFFICER NOMINEES FOR YOUTH

AFFAIRS AND ARTS, SOCIAL WELFARE AND SPORTS DEPARTMENTS

Hon. Muge Cynthia: Thank you Mr. Speaker I wish to give a Notice of Motion on Approval for

Appointment of Chief Officer Nominees for the following departments; Youth Affairs and Arts,

Social Welfare and Sports. Thank you Mr. Speaker.

APPROVAL OF THE APPOINTMENT OF CHIEF OFFICER NOMINEES FOR

ADMINISTRATION AND DECENTRALIZED UNITS AND PUBLIC SERVICE

MANAGEMENT DEPARTMENTS

Hon. Cheruiyot: Thank you Mr. Speaker. I wish to give a Notice of Motion on approval of the

appointment of Scholastica Chepkosgei Tuwei, Chief Officer nominee for Administration and

Decentralized Units and Grace Chepchirchir Sugut Chief Officer nominee for Public Service

Management. Thank you Mr. Speaker.

APPROVAL OF THE APPOINTMENT OF CHIEF OFFICER NOMINEES FOR MEDICAL

SERVICES AND PREVENTIVE AND PROMOTIVE HEALTH DEPARTMENTS

Hon. Sanga: Thank you Mr. Speaker. I wish to give a Notice of Motion on approval of

appointment of Chief Officer nominees in the Departments of Medical Services, Dr. Paul

Kipngetich Lagat and Preventive and Promotive Health Sally Cherugut Kemboi. Thank you.

APPROVAL OF THE APPOINTMENT OF CHIEF OFFICER NOMINEES FOR

COOPERATIVE DEVELOPMENT AND TOURISM AND CULTURE DEPARTMENTS

Hon. Chumba Milka: Thank you Mr. Speaker. I rise to give a Notice Motion on approval of

appointment of Chief Officer nominees for the following departments; Cooperative Development

and Tourism and Culture. Thank you.

APPROVAL OF THE COUNTY EXECUTIVE AND COUNTY ASSEMBLY CAR LOAN

AND MORTGAGE REGULATIONS

Hon. Morogo: Thank you Hon Speaker. I wish to give a Notice of Motion on the Approval of

the County Executive and County Assembly Car Loan and Mortgage Regulations.

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ASSEMBLY DEBATES 30 Jan, 2018

APPROVAL OF THE APPOINTMENT OF CHIEF OFFICER NOMINEE FOR

AGRICULTURE DEPARTMENT

Hon. Maru: I wish to give a Notice of Motion on the approval of Dr. Benedette Tiony Misoi

Chief Officer nominee County Department of Agriculture.

ADOPTION OF COUNTY BUDGET AND APPROPRIATIONS COMMITTEE REPORT ON

FINANCE BILL 2017

Hon. Kiplagat: Thank you Mr. Speaker. I wish to give a Notice of Motion on the adoption of

County Budget and Appropriations Committee report on Finance Bill 2017. Thank you.

Hon. Sang: I am not seeing the Chairman of Committee on Trade. He has just gone out and

maybe we can request one of the Members of Trade to give a Notice of Motion.

APPROVAL OF THE APPOINTMENT OF CHIEF OFFICER NOMINEES FOR

INDUSTRIALIZATION AND ENTERPRISE DEVELOPMENT AND TRADE AND

INVESTMENT DEPARTMENTS

Hon. Muge Cynthia: Thank you Mr. Speaker on behalf of the Chairperson for Trade,

Investment and Industrial Development Committee, I wish to give a Notice of Motion on

approval of appointment of Chief Officer nominee for the following departments;

Industrialization and Enterprise Development and Trade and Investment. Thank you Mr.

Speaker.

MOTIONS

APPROVAL OF THE APPOINTMENT OF CHIEF OFFICER NOMINEE FOR LANDS,

ENVIRONMENT AND NATURAL RESOURCES

Hon. Kirwa: Hon Speaker, the sectoral committee on Lands, Environment and Natural

Resources was constituted on 14th September 2017 during the First Session of Second County

Assembly pursuant to provisions of Standing Orders 195 (1). The Committee executes its

mandate in accordance with the provisions of Standing Order 195 (5), from which it draws its

mandate to, inter alia;

a) Investigate, inquire into, and report on all matters relating to the mandate, management,

activities, administration, operations and estimates of the assigned departments;

(b) Study the programme and policy objectives of departments and the effectiveness of the

implementation;

(c) Study and review all county legislation referred to it;

(d) Study, assess and analyze the relative success of the departments as measured by the results

obtained as compared with their stated objectives;

(e) investigate and inquire into all matters relating to the assigned departments as they may

deem necessary, and as may be referred to them by the County Assembly;

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ASSEMBLY DEBATES 30 Jan, 2018

(f) to vet and report on all appointments where the Constitution or any law requires the

County Assembly to approve, except those under Standing Order 187.

Hon Speaker on committee findings, the Committee having considered the curriculum vitae of

the nominee, and having heard his oral Submissions during the vetting exercise, at the sitting

held on 13th December 2017 made the following observations;

a) The nominee demonstrated high veneration to environmental matters

b) The nominee possess experience and requisite knowledge on land, Environment and

Natural resources

c) The nominee held requisite academic credentials

d) The nominee area of research and work experience is directly related to the position

nominated by H.E the Governor. i.e the research currently being undertaken by the nominee on

his PhD is relevant

e) The nominee applied for the position of Chief Officer Lands, Environment and Natural

Resources was shortlisted and attended for interview for the same position.

f) The nominee was a member of jubilee party, he campaigned for H.E The Governor

during electioneering period, but his nomination for the position of Chief Officer was not a

reward but one based on merit, professionalism and principles of public service.

g) The nominee complied with the minimum requirements placed in the newspaper advert

on 7th December 2017.

h) The nominee during approval hearing based on the questions asked the nominee

submissions offered practical solutions in addressing the following in the County; protection of

Riparian areas and wet lands, addressing the Human and wildlife Conflict along Kingwal River,

protection of forestry and increasing vegetation cover, protection of Rivers and water towers

against encroachment by Human settlement, Implementing policies put in place to address

Historical land injustices, Management of proceeds from natural Resources i.e Goldmine,

Addressing corruption cases in survey, lands, water, physical planning and environment sub-

departments, Public participation in decision making, Control of Noise pollution-Nuisance,

Carbon trading, mobilization of resources i.e Donor funding, Financial management, Conflict of

Interest, Procumbent of goods and services, Land tenure, Principles of land and Proper land

management use.

Having considered the suitability, capacity and integrity of the nominee, and pursuant to Section

45(1) (b) of the County Government Act and the provisions of Public Appointments (County

Assemblies) Approval Act No. 5 of 2017 and Standing Order No.194 (5) (f), the Committee

therefore recommends that this House approves the nomination and subsequent appointment of

Mr. Solomon Kipkosgei Mang’ira to serve as Chief Officer in the department of Lands,

Environment and Natural Resources.

On that point Mr. Speaker, I call upon hon. Koech Gideon to second.

(Hon. Koech Gideon bowed to second)

(Question proposed)

Hon: Koech David: Thank you Mr. Speaker. I want to take this opportunity to thank the

Committee of Lands, Environment and Natural Resources for the wonderful work they did in

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ASSEMBLY DEBATES 30 Jan, 2018

vetting the Chief Officer nominee. If I was to accredit them, I would give them a standing

ovation.

Pertaining the Committee’s recommendation for the candidate, having looked at the academic

credentials, and being very much relevant to the field and with his fast experience in

environmental law which is appearing as part of his career and the qualification that the

Committee gave this candidate, that he is a man well versed with land and community issues. I

support what the Committee did and want to thank them for approving the CEO for Lands,

Environment and Natural Resources. Thank you.

Hon. Kipkurui Chepkwony: Hon. Speaker. First I would want to appreciate the work done by

the Committee on the vetting of Mang’ira Solomon. I stand in full support of the report of

adoption of this candidate as a Chief Officer for Lands, Environment and Natural Resources.

I only have three kind words to talk to Solomon. The fact that I have interacted with him, it is not

about what the contents of the report is but the person himself. He is a well-read guy and I

appreciate the intellect he has, having contributed in the writing enumerated in the report, it will

be prejudicial against the marginalized if we don’t get such a person as a chief officer because

I’m sure the marginalized area where water is a problem, this is man will fix.

In fact this man has more knowledge than the CEC Member. The other CEC was a physicist and

we were wondering how he was going to handle the issue of water and land but now we have

someone who can be able to handle together with the CEC. I am sure we will get good services

as a people of Nandi.

Hon. Speaker, I would not shy away in commenting about this candidate on how he handled

Jubilee Party nominations having being the County Returning Officer when the nominations

failed to take place including the poling day. The way he handled the situation shows that he is a

man who can handle situations. My only prayer is that this House do adopt this nominee because

I also belief in one thing, there are remnants of white settlers in this County including black

settlers. We have been talking---

(Hon. Serem on a point of inquiry)

Hon. Serem: Thank you Mr. Speaker. I want to inquire if the Member who has spoken

indicating that one Solomon Mang’ira is being awarded this job after managing Jubilee Party

elections properly?

Hon. Kipkemboi: Mhe. Spika ningependa kujulisha Bunge ya kwamba yeye anajua kwamba

Solomon Mang’ira alihairisha upigaji wa kura ili haki itendeke.

Hon. Kipkurui Chepkwony: I’m a lifetime Member of Jubilee Party---

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ASSEMBLY DEBATES 30 Jan, 2018

Hon. Speaker: Hon. Kipkurui Chepkwony are you saying that you will be a lifetime Member

and can’t change in the next 2 to 3 years?

Hon. Kipkurui Chepkwony: Hon. Speaker where I live as marginalized, when we talk of a

party, it is an individual---

Hon. Speaker: Then it is a life Member.

Hon. Kipkurui Chepkwony: As long as one William Samoei Ruto is the party leader of Jubilee

Party in the entire lifetime of the party, I remain a member. Coming to the nominee, I would

award him for the good job well done and being well read. I like well-read people because they

challenge us from the marginalized areas so that we can go to school. As I was saying the Hon.

Serem is a man under siege by only one remnant of colonialists operating a goldmine. In page 16

(vii), I think the Member should be glad that mining is appearing, stating that management of

proceeds from natural resources i.e goldmine, it is actually saying, the nominee during approval

hearing offered a practical solution to the following in the County, I will be seeking to---

(Hon. Serem on a point of information)

Hon. Serem: I just want to inform the Member that I haven’t given my contribution to the report

and he has no clue whether I will support it or not. My only concern was whether this was a

reward for having managed Jubilee Party nominations which to the best of my knowledge were

not to the expectation of all. Should that be the case, I will stand otherwise but for now I have not

given my contribution.

Hon. Kipkurui Chepkwony: Mr. Mang’ira scored a hundred percent almost in every subject in

school, something most of us could not including you Mr. Speaker. He has achieved a hundred

percent in management so he has surpassed the expectation. Let me conclude on land injustices

and on multi-nationals. The only thing I will hold Solomon Mang’ira responsible is on

management of transition from the expired land leases to the County. That has been the promises

of the Governor and I expect him to deliver on this. When he meets the English men, he can be

able to speak English and when he meets the locals moved out of their land he will be able to

speak to them well as you can see from the report, he is currently editing a Kalenjin dictionary.

I’m sure the issue of land injustices and reclamation can be transacted by him well. I pray that he

delivers failure of which he will go down in record as having failed to deliver. I support adoption

of Solomon Mang’ira.

Hon. Kipkemboi: Asante Mhe. Spika, nasimama kwa mshangao, kuhusu idara ya ardhi, Gavana

ameleta jina moja kumaanisha anampatia zawadi kwa kazi aliyofanya. Inanikumbusha usiku

kabla ya kura kupigwa, Solomon alisimama kusema kura imehairishwa na waliokuwa

wanasimamia Gavana walikuwa wakisema Felix Kosgei, Fred na Kering wameiba kura.

Ukiangalia kwenye orodha ya wenye kusimamia mabarabara, Gavana ameleta majina matatu, ya

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ASSEMBLY DEBATES 30 Jan, 2018

Linus, Kibet Rono na Jonathan Kipruto, lakini kulingana na idara hii ameleta mtu moja. Hii

inamaanisha kama kungekua na wa kumshinda hatutajua.

Sisi tumetumwa na wananchi na kama kazi itapeanwa hivi tutafanya nini? Matajiri wamepata

kazi, maskini watafanya nini? Tumeangalia vile Ripoti ya Kamati inasema ya kuwa walikuwa

wanamfanyia kampeni Gavana. Naomba Waheshimiwa waangalie mambo kama hayo kwa

sababu kuna wenye wamesoma na hawana kazi. Inamaanisha ya kwamba Gavana ndiye atakaye

tuambia tupitishe?

Mimi nilikula kiapo hapa ya kuwa nitatenda haki. Yale yote tumeletewa na Gavana ni kwa

sababu ya kazi waliofanya Mhe. Spika. Tulikuwa na wale wafanyikazi wa Kaunti waliofanya

kazi nzuri, hawajapatiwa chochote. Hii inamaanisha mwingine akija siku za mbeleni atawafuta

wote na kuleta wengine pia. Waheshimiwa, Solomon anafanya kazi ya Chama cha Jubilee hivyo

basi angekataliwa mbali. Yeye ndiye aliyehairisha upigaji kura wa Uchaguzi wa mchujo wa

Chama cha Jubilee. Wananchi watasemaje? Mimi siungi mkono. Lazima tuseme ukweli. Kama

wajumbe lazima tusimamie ukweli---

(Hon. Koech Gideon on a point of information)

Hon. Koech Gideon: Ningependa kujulisha Mhe. Kipkemboi kwamba, Mhe. Mang’ira si

mfanyikazi wa Chama cha Jubilee bali alikuwa amepewa kandarasi kusimamia uchaguzi.

(Hon. Muge Cynthia on a point of clarification)

Hon. Muge Cynthia: I would like to confirm from the Hon. Koech Gideon whether the nominee

is a Hon. Member? As he refers him to honorable.

Hon. Koech Gideon: Everybody has a way of referring to individuals. Mr. Mang’ira is a senior

person in this country and I respect him and if I have referred to him as Hon. Member then he is

and I have no apologies to make.

(Hon. Kipkurui Chepkwony on a point of order)

Hon. Kipkurui Chepkwony: Is the hon. Koech Gideon in order to allege ulterior meanings to

the word honorable? The word honorable is used to refer to the lawmakers and law interpreters

like the judges, unless the Member wants to tell us the type of dictionary he is using or the one

Mr. Mang’ira is editing. Thank you.

(Hon. Maiyo Teresa on a point of inquiry)

Hon. Maiyo Teresa: I would like to inquire from Hon. Koech Gideon how senior this nominee

is, after referring to him as a senior member of this country. Could that have influenced his

nomination?

(Laughter)

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ASSEMBLY DEBATES 30 Jan, 2018

Hon. Koech Gideon: I don’t know how the term honorable has generated a lot of interest.

Mang’ira is a learned person in the field he has pursued. I personally went through his CV and

personally I would wish to pursue that line. I feel he is a mentor thus making me refer to him as

honorable. I don’t see how that is demeaning. In fact I am adding value to that name so that more

hon. Members---

Hon. Speaker: The word Honorable as you rightfully put is a salutation reserved for specifics.

That is why you find in the Executive the President and the Governor being referred to as

Excellency. I don’t think that it affects significantly what we are discussing here but the nature of

the discussion has settled the matter. I would rather allow Hon. Kipkemboi to make his

submission.

Hon. Kipkemboi: Kabla sijaendelea nitamkumbusha Mhe. Koech Gedion kwamba ile sahihi

amewekewa kwa cheti ni ya Bw. Mang’ira na kama atawacha kazi basi hatakuwa mwakilishi wa

wadi kwa kuwa ni hiyo sahihi imemfanya kuwa kwa ofisi. Ni Chama cha Jubilee ambayo

ilimruhusu kufanya kazi hiyo. Naomba kulingana na ile mapendekezo ya wananchi, tuangalie ni

nani anafaa kupata kazi. Katika wadi ya Kapsabet mashamba yamenyakuliwa kwa hivyo mtu

anayefaa kufanya kazi hii ni yule asiyekuwa na kashfa. Gavana aliyekuwa kwenye muhula

uiliopita alikuwa mtu mzuri lakini wafanyikazi wake ndio walioharibu kazi. Kama huyu

Mangi’ra ni msomi, mbona hajaandikwa kazi na amefikisha miaka zaidi ya 55---

(Hon. Koech Gideon on a point of information)

Hon. Koech Gideon: I would like to still inform the Hon. Member that Mr. Mang’ira is a

lecturer up to date. He is already employed. He is just moving to Nandi to offer his services to

the community.

Hon. Kipkemboi: Mhe. Spika sijaona barua kuonyesha kuwa amejiuzulu kutoka kazi ya chama.

Anaweza kuwa kwenye kandarasi kule chuo kikuu cha Moi na sio eti ameajiriwa kudumu. Yeye

ni mtu wa vibarua anafanya kazi hapa na pale. Tunampa kibarua ya miaka tano. Kama angekuwa

na busara angefungua chuo kikuu chake. Kwa maoni yangu, alisaidia mtu kutafuta kura ili apewe

kazi. Kuna wenye hawakusaidia Gavana kupata kura lakini na wao wana haki ya kupewa kazi.

Mhe. Serem alipigania kura kwa Chama cha Jubilee akaibiwa na alipoenda kuwa mgombea

binafsi alifaulu. Mimi nimesimama kupinga.

Hon. Sang: Thank you Mr. Speaker. I rise to support the approval of Solomon Mang’ira to the

post of Chief Officer Lands, Environment and Natural Resources docket. I seat as a Member in

that Committee and during vetting we found out that Mr. Mang’ira is a learned person. He is also

firm in decision making. In this County we have land issues and such a person is best suited for

this kind of job. He will ensure that most lands will be reverted back to the County ranging from

the settlers to land grabbers. He is thus best suited for this job.

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ASSEMBLY DEBATES 30 Jan, 2018

The other time we were trying to locate where the Governor’s residents can be, Mang’ira is in a

position to look for the place. I request Members to approve this. I stand to support.

Hon. Kirongo: Thank you Mr. Speaker. First I want to thank the Committee for the good work

done. I wouldn’t want to indulge in politics as you all know I am the Leader of Minority on the

NASA coalition wing. I want to support this nominee due to merit. The reason for not going to

politics is because this is a man I have not met but I understand he was a strategist of Jubilee

Party thus I don’t want to oppose. I know he is one of the people who pumped money to Jubilee

candidates. These are the people who gave us sleepless nights but I won’t deny him a chance. As

per the report, he is among the men who should work for us in the County. I want to firmly

endorse Mr. Mang’ira. Two, we are running out of time. If IEBC today announces our positions

vacant, I would be a worried man because in my place there is no water. So we need to move

with speed to develop this County thus it is high time that we approve nominees fit for these

nominations.

(Hon. Koech Gideon on a point of enquiry)

Hon. Koech Gideon: I wish to inquire from the Hon. Member whether there is a plan to declare

our seats vacant in the near future so that we can prepare ourselves psychologically.

Hon. Kirongo: Thank you Mr. Speaker, I said that if the IEBC announces the seats of the

MCA’s of this County vacant, going back looking for votes we will be in trouble. Work has to

start for us to forge ahead.

Hon. Kipkemboi: Mhe. Spika, najua Mhe. Kirongo ni wa mrengo wa NASA na leo Raila

anaapishwa. Labda hiyo ni sababu inamfanya aseme viti vyote vitakuwa wazi.

(Laughter)

(Hon. Kipkurui Chepkwony on a point of clarification)

Hon. Kipkurui Chepkwony: Mr. Speaker I would wish to clarify the statement made by the

Leader of Minority that one Solomon Mang’ira did pump resources to candidates. The resource

in this case is himself. That resource is his intelligence and strategy so that it does not appear in

the thinking of others that there were other resources. The resource we are talking about here is

intelligence and strategy.

(Hon. Maiyo Teresa on a point of inquiry)

Hon. Maiyo Teresa: I would like to inquire from Hon. Kirongo whether this House is under

siege over time in that he is saying we don’t have time and thus we need to fast-track

development.

Hon. Kirongo: Thank you Mr. Speaker. I said there is need for us to work. Five years is not a

long time. We are six months after election. Nothing has been done and that is why I am

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ASSEMBLY DEBATES 30 Jan, 2018

concern. The electorate are asking questions over development. I am right to say we are running

out of time.

(Hon. Kipkemboi on a point of inquiry)

Hon. Kipkemboi: Ningependa ufafanuzi zaidi kutoka kwa Mhe. Kirongo ya kwamba kazi ya

Kaunti imesimama. Nafikiri tuko na watu kwa ofisi hizo ambao wanaendelea na kazi mpaka

hawa wafike. Hatutaambiwa tuharakishe.

Hon. Sang: I stand in support of Hon. Kirongo that if we say---

(Hon. Koech Gideon on a point of order)

Hon. Koech Gideon: Is the Hon. Member in order to---

Hon. Sang: Point of clarification!

Hon. Speaker: Hon. Sang being a senior Member in this House and just to mention to the whole

House that having been elected to Local Authority and twice to County Assembly, you are

expected to be the beacon of procedure and proper presentation before the House. Go ahead and

give your clarification.

Hon. Sang: Kirongo talked of time, Members you realize we have not done anything as per now.

Hon. Kipkemboi talked of the County having people in office. It is human that if someone is

coming to take your position, the morale will go down so the people in office know that the

moment we approve these names they won’t be in the office the day after. The issue of time is

touching on the six months.

(Hon. Maiyo Teresa on a point of information)

Hon. Maiyo Teresa: I would like to inform the Deputy Speaker that the people in the Chief

Officers’ offices have a contract and what I know is that their contract ends on 31st March, so I

think we still need to deliberate because we still have time.

(Hon. Kipkemboi on a point of information)

Hon. Kipkemboi: Ningependa kumjulisha Mhe. Sang ya kwamba hata tukiwapitisha watahitaji

kubadilisha sahihi. Ni heri tungeendelea na wale walio ofisini kwa sasa.

Hon. Sing’oei: Asante Mhe. Spika kwa nafasi hii. Kwanza nashukuru Kamati ya Ardhi,

Mazingira na Mali Asili kwa kazi nzuri. Mang’ira alifanya kazi nzuri ya Chama cha Jubilee.

Tukilinganisha na serikali kuu, wale waliopewa kazi ni watu waliosaidia chama. Gavana

tulimchagua na hakuna haja sisi kumkataza watu anaotaka kufanya kazi na yeye. Kwa hivyo

naunga mkono kwa kuwa nimefanya kazi na watu wao na familia yao ni watu ambao hawapendi

hongo.

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ASSEMBLY DEBATES 30 Jan, 2018

(Hon. Kipkemboi on a point of information)

Hon. Kipkemboi: Ningependa Mhe. Sing’oei Pius atujulishe ikiwa hiyo familia ipo na watu

wazuri ambao hawajaandikwa kazi? Atuambie alijua aje.

Hon. Kering: Thank you Mr. Speaker for giving me this chance to express and give some

submissions concerning the nominee. I need to congratulate the Committee for the wonderful

work. Based on the papers not family issues or political, the credentials speak on their own. This

is a PhD student finalist as confirmed by his research proposal. The research is on environmental

issues making him relevant to this post. I think you can also see the achievement in page ten (d),

he has achieved a lot both for Moi University studies for ISBN, and he has also achieved a lot for

primary institutions. Thus he is an accomplished environmentalist and is fit and is up to the

standard of this office. I support fully.

Hon. Murrey: Thank you Mr. Speaker. I stand to support the adoption of Dr. Mang’ira to be

Chief Officer Lands, Environment and Natural Resources. We know that this ministry is among

the top four ministries in any County because the living standards of people are usually

determined by the piped water citizens receive among other things. So it is apparent that we have

gotten the right person to work in this department. My friend Hon. Kering has mentioned that

this person is qualified and we cannot dispute that. Looking at his credentials he has studied

environmental law and for that I can term him as a guru in environmental matters. Again he has

published a journal on water amongst other environmental issues. I want to touch on the issue of

Hon. Kipkemboi who was trying to say that this man was rewarded because of politics. Barely a

week ago, the President released a list of Cabinet Secretary nominees and we were told that most

of them were campaigning for the President during electioneering period. This is a replica of the

National Government. Mang’ira having worked with our Governor is in a position to understand

the manifesto of the appointing authority. He knows all the goals, aspiration and targets of the

Governor and its implementation before the five year period. I support the approval of Mang’ira

because he is appropriate for this department. Thank you.

(Hon. Kipkemboi on a point of order)

Hon. Speaker: Hon. Kipkemboi take your seat quietly. I want us to focus on submission and

avoid interruption so that Members can express themselves in the interest of time. Hon.

Kipkemboi in a few minutes.

Hon. Kipkemboi: Kulingana na Kanuni za Bunge nambari tisini, Mhe. ambaye ameongea

lazima adhibitishe aliyoyasema kwa sababu amesema Mhe. Rais ameteua mawaziri kulingana na

jinsi walivyomfanyia kampeni.

Hon. Sanga: Thank you so much. I stand to support this nominee purely on merit. I should not

support due to Jubilee Party issues. Hon. Members we should be cautious not to approve the

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ASSEMBLY DEBATES 30 Jan, 2018

nominees due to time or to what the President is doing, we should have sober minds when

approving these nominees.

Hon. Ng’etich: Thank you. I stand to support the adoption of Mang’ira to the department of

Lands, Environment and Natural Resources. Going by his credentials, I think Mang’ira is the

best suited person for this job. I do congratulate the Committee and the Board because it is

through them that they saw it fit to have Mang’ira in this docket. As per what the Hon. Member

who has just spoken has said, we don’t support a nominee because of time or wealth or even due

to not being wealthy, we support them due to their ability and academic qualifications and their

achievements before they were given these opportunities. So I stand to support the approval of

this nominee.

Hon. Chumba Milka: Thank you Mr. Speaker. First and foremost, I would like to thank the

Committee for this wonderful work. This man gave out his CV and the Committee has gone

through it properly. He has further come here in person to seat with the Committee and they have

interviewed him and the results are here and shows he is fit for the position. I totally support him

because of the findings. Even if we were to borrow from the National Government, as Hon.

Members, we have ward offices and the three members working in those offices are the ones

who help us during campaigns. So if this man did campaign for the Governor or not I can see

that he is fit. Thank you Mr. Speaker.

Hon. Serem: I rise to support the nomination of Mr. Solomon Mang’ira for this position. I will

mention as earlier pointed out by Hon. Chepkwony, I am looking at what he is capable of doing

based on the information given by the Committee and in particular I am interested in what he

said, management of proceeds in goldmine and implementing policies put in place to resolve

land injustices. For us who live at the border, we have many historical issues to do with land and

the nominee is coming in and saying he has a solution. The issue of involvement in decision

making is very key and he is saying he is for the same and the issue of mobilizing resources like

donor funding since we can’t wait for the Government to do for us everything. He has something

extra in that he is saying he can look around and ascertain who can partner with us in

development in form of donor funding. The last point he brought among others is the issue of

land management and use. We are aware of population increase and land is no longer adequate

and so he is saying however small the land may be, we can use it in a better way to satisfy all of

us. I rise to support and endorse the appointment of one Mr. Solomon Mang’ira.

Hon. Koech Gideon: Thank you Mr. Speaker for giving this opportunity to contribute to this

debate. I wished from the onset to say that; being the Vice chair of Lands, Environment and

Natural Resources Committee, we unanimously endorsed as a Committee the adoption of

Solomon Mang’ira as a Chief Officer for Lands, Environment and Natural Resources purely on

merit. He answered all the questions during the interview process satisfactorily and we the

Committee felt and agreed to adopt his name.

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ASSEMBLY DEBATES 30 Jan, 2018

From his experience on environmental matters, we felt he fits the office. With grey areas that

needs to be addressed in Nandi County particularly land issues touching on multi nationals, we

felt that Mang’ira being a firm person, he fits this office and with our regular oversight Nandi

can get the best. As a Member of the Committee I wish to say that I fully support and pray that

colleague Hon. Members will see what we saw as a Committee and approve Mr. Solomon

Mang’ira as the Chief Officer for Lands, Environment and Natural Resources.

Hon. Rono Magdalene: Thank you Mr. Speaker. I also rise to support the approval of

nomination of the said Chief Officer on professional grounds and not on political grounds. If we

go politically those who are interested in this position were also voters and are also important. I

am only supporting him on professional grounds.

Hon. Maru: Thank you Mr. Speaker. I would like to congratulate the Committee of Lands,

Environment and Natural Resources. We need to trust each other because we gave mandate to

each Committee. So if you all stand here saying yes or no, the 38 of us will go nowhere. I trust

what happened in the Committee. I support Mr. Mang’ira.

(Question put and agreed to)

APPROVAL OF THE APPOINTMENT OF CHIEF OFFICER NOMINEE FOR ECONOMIC

PLANNING DEPARTMENT

Hon. Kiplagat: Mr. Speaker I rise to move a Motion on the approval of the appointment of

Chief Officer nominees for the following departments; Mr. Felix Sambu for Economic Planning

and Mr. Feisal Mohamed for Finance.

(Hon. Kipkurui Chepkwony on a point of order)

Hon. Kipkurui Chepkwony: Hon. Speaker I think as per the amended County Government Act

2017, the discussion deliberation and putting to question to any nominee should be done

individually and independently. I would suggest that the Chairman for County Budget and

Appropriations Committee be guided so that he does not move the two names at ago.

Hon. Speaker: Hon. Kiplagat you must have seen the procedure, you will move one nominee at

a time. You will either start with Chief Officer for Economic planning or for Finance.

Hon. Kiplagat: Thank you Mr. Speaker. The County Budget and Appropriations Committee is

currently comprising of seven Hon. Members as listed in the chapter of affirmation and approval.

Basing on their recommendation I start with the nominee for Economic Planning. That is Felix

Kipchumba Sambu because you have said we go as per Committee’s recommendations, I will go

straight to recommendation.

The procedure for nomination of this candidate was above board, competitive, publicly

advertised---

(Hon. Komen on a point of order)

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ASSEMBLY DEBATES 30 Jan, 2018

Hon. Komen: We do not have the CV’s of the said nominee.

Hon. Speaker: Hon. Kiplagat could you please clarify.

Hon. Kiplagat: Mr. Speaker I think when the report was tabled last time it had the CV and I

think every Member has. I am only giving the report. Secondly, the nominee for Chief Officer

Economic Planning Mr. Felix Kipchumba Sambu is academically qualified for the post. Thirdly,

the office of the Governor will build capacity in matters relevant to the coordination of economic

planning, compliance with the PFM Act, best practices in formulation of strategy---

(Hon. Serem on a point of inquiry)

Hon. Serem: We do not have this report and I am not sure if I am the only one.

Hon. Speaker: Clerk, ensure all Members have a copy of the same.

Hon. Kiplagat: Thank you. The Chief Officer nominee for Economic Planning Mr. Felix

Kipchumba Sambu is capable of performing duties of Economic Planning on matters of public

sector and regulations. He has good understanding on the structure of the Government of Kenya

and may undertake liaison on behalf of the County Government of Nandi at any of the PFM

offices. The committee was satisfied that he has basic economic concepts, knowledge of basic

civics and geography of Nandi County that may guide him in proper judgment while undertaking

the duties of a Chief Officer for economic planning. He shall be able to communicate well on

the affairs of his department to the Assembly and other authorities if appointed. He satisfies all

the requirements of Chapter six of the Constitution of Kenya. As an added advantage the

nominee for Economic Planning is---

(Hon. Koech Gideon on a point of inquiry)

Hon. Koech Gideon: I do not know if I have the same report as that of the Chair, he is talking of

number four and I am seeing number nine on my copy. I do not know if I am the only person

seeing this? Page 15.

Hon. Kiplagat: That is page 3 of the report and basing on the interest of time I am giving a

summary of the committee’s report. Number 11, the nominee for Economic Planning has

competent membership to professional body recognized by law. In view of foregoing

considerations it was agreed unanimously that the individual membership assessment of Public

Appointment County Assembly Approval Act, No. 5, 2017 shall be attached to this report.

Member’s individual assessment that guided this report are herein annexed as Annex 2. Members

considered four options in this vetting exercise based on the review of the two nominations

subject to the approval of the County Assembly. Mr. Felix Sambu be appointed by the Governor

to help build capacity, for financial reporting framework and significant engagement guiding

County governance during budgeting and economic planning cycles, preparation of financial and

economic statements, submission by the CEC member for the County Assembly in near

reporting of financial status and budgeting cycles. Mr. Sambu was well conversant with that. The

Committee in conclusion unanimously recommends that the Governor appoints Mr. Felix

Kipchumba Sambu as the Chief Officer for Economic Planning. It is also conclusively

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ASSEMBLY DEBATES 30 Jan, 2018

recommended that this report be approved by the House without amendment in any part or

wording, not even punctuations including coma or brackets. I wish to request Hon. Ng’etich to

second.

(Hon. Maiyo Teresa on a point of inquiry)

Hon. Maiyo Teresa: Hon. Speaker, may I request that since the department of Economic

Planning is a serious department, kindly may we be furnished with the CV’s of the two

nominees.

(Question proposed)

Hon. Rono Emmanuel: Thank you. I need your guidance based on the last statement of this

report. Just before I proceed on page 17, it reads ‘it is also conclusively recommended that the

report be approved by the House without amendment in any part or wording, not even

punctuations including comas, full stop or brackets.’ So before I proceed with my submissions I

need your guidance on this statement.

Hon. Speaker: Hon. Members I think the statement was just a colorful use of words and it is not

binding to the Hon. Members because when you talk about conclusively recommended, they

may have their choice of words. It cannot be the Hon. Members cannot in anyway amend. In fact

you can even throw out the entire thing.

(Hon. Kipkurui Chepkwony on a point of order)

Hon. Chepkwony: Hon. Speaker, I had actually not read, I thought it was the wording from his

mouth. Is the Hon. Chair for Budget and Appropriations Committee right to impute that nothing

can be amended in this report? This Hon. House has the powers to do anything that it so wishes

about the report. Where did he derive this powers?

Hon. Speaker: Hon. Members the Committee has no powers and cannot hoist the jurisdiction of

the House. The only saving grace is the word recommended and we will treat it with contempt

but the entire House membership will be free to debate and amend, change or disapprove. That

will be open.

Hon. Rono Emmanuel: As Hon. Kipkemboi said, it looks like to be appointed in Nandi County

you have to be a son of an elephant.

(Laughter)

(Hon. Kiplagat on a point of order)

Hon. Kiplagat: Is it in order for Hon. Emmanuel Rono to say that somebody who has been

nominated as Chief Officer for Economic Planning is a son of an elephant!

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ASSEMBLY DEBATES 30 Jan, 2018

Hon. Rono Emmanuel: Sorry for using that metaphor. I meant for you to me nominated in

Nandi County you have to be the son or daughter of who is who. Of course Felix Sambu was

nominated not on merit but basically because he is a son of a former minister and former MP of

Mosop. In your report the committee on page 6 4(b)---

(Hon. Ng’etich on a point of order)

Hon. Ng’etich: Can the Member on the floor substantiate what he means by saying he was

appointed because he is a son of a former politician.

Hon. Speaker: Hon. Ng’etich I think the statement and in wholesome, I would not like to

interrupt the Member in his submission.

Hon. Kiplagat: May be Hon. Speaker---

Hon. Speaker: You are standing on which point Hon. Kiplagat?

Hon. Kiplagat: The one you are saying.

Hon. Speaker: No.

(Hon. Kiplagat on a point of order)

Hon. Kiplagat: Hon. Rono Emmanuel says that one has to be a son of a prominent person to be

appointed a Chief Officer. Does it mean that all these nominees are sons and daughters of

prominent leaders in this County?

(Hon. Kevolwe on a point of information)

Hon. Kevolwe: Mr. Speaker, I do not see any concern on who is who but what matters is the

qualification. Does it mean these Hon. Members will not have their sons and daughters

considered for jobs in future?

Hon. Rono Emmanuel: I have requested Members to turn to page 6, 4(b) of the report. From

their own report ‘this demonstrated more commitments to individual interest compared to

County Government interests’. I beg this House not to approve Felix Kipchumba Sambu because

he will spend much of his time doing his own businesses as the report indicates. Hon. Kipkemboi

you can check on page 6. In their own report on page 7, ‘he has little or no relevant experience

on matters of monitoring, evaluation and project management. 7(c), according to the

advertisement which was put up by the County Service Board itself, one of the conditions is on

number 3, ‘has vast knowledge and experience of not less than 10 years in the relevant field, five

on which should be on a managerial position. I beg this House to disapprove. Still on the same

page, 3(b), he submitted a near correct submissions. There is nothing like near correct, it is either

correct or wrong.

(Applause)

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ASSEMBLY DEBATES 30 Jan, 2018

Page 9, Hon. Members 8(a), the nominee had excellent communication skills but with very little

confidence during the session. From their own report they did not approve Felix Kipchumba

Sambu. On (b) ‘the nominee appears’, there is nothing like appears, you are either or. Lastly, the

Chair who signed this report says on page 16, ‘in view of the foregoing considerations it was

agreed unanimously that the individual members---’ there was no unanimous agreement because

Hon. Rael who is a member of the committee gave 45% and has appended her own signature and

said not approved. I find a lot of dishonest and disconnect in this report. Hon. Maiyo Teresa has

said Economic Planning is a serious department because it is the basis in which we want to run

our affairs in the County. Unfortunately and sadly I want to say I do not approve based on their

own report. Felix Kipchumba Sambu not approved.

(Hon. Maiyo Teresa on a point of inquiry)

Hon. Maiyo Teresa: Let me inquire whether the CV’s and the certificates of the two people do

exist in this Hon. House as I requested to see.

Hon. Speaker: Hon. Teresa I think the same will be dealt with by the clerks, so I would ask the

clerks to confirm. The Hon. Chair for County Budget and Appropriations Committee had said

the same had been tabled at the time this report was tabled for the first time.

Hon. Koech David: First of all let me take this opportunity to thank the members of the County

Budget and Appropriations Committee for the good work they did. I only find a challenge with

the grammar but the contents pass the message. These are the people who did only accounts, I

did also engineering and English is always a challenge but the message is passed clearly. This

candidate merits this position because first he has Masters’ degree in business management from

Moi University. This is a candidate who is currently pursuing PhD in the same field at JKUAT. I

cannot say this candidate is perfect but he is good. He might not have scored 100% but going by

the report which the Committee has placed, it indicates that he has academic insights to

Economic Planning going by the oral submissions. That means this Committee seriously grilled

that candidate and found that from their oral questions the candidate has the insights befitting the

department. When you look at No.7, from the committee report it is indicated that the candidate

understand the structure of Government. This is the man who will assist us get the Ward

Development Fund. In the second part---

(Hon. Koech Gideon on a point of inquiry)

Hon. Koech Gideon: Is the Leader of Majority insinuating that if we approve Felix he will be

the key who will open all the doors towards ensuring that we have Ward Development Fund. If

that is the case can he substantiate to this Hon. House?

Hon. Koech David: I was only saying because of the issue with the Controller of Budget where

it is currently giving us problems may be he can be of help to this House. Thank you Hon. Koech

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ASSEMBLY DEBATES 30 Jan, 2018

Gideon. I know he understands, we were with him in school. In part two it is written ‘he

submitted correct ideas on reasons for capital flight in Africa and particular in application to

Nandi County’. So from the report, I highly recommend that Mr. Felix Kipchumba Sambu be

adopted and made the Chief Officer for Economic Planning.

Hon. Muge. Cynthia: When I look at the report, I do not even know why we are talking about it

because it is not even signed by the Chairperson of the committee. Or is it only me who has a

copy that is not signed. Please confirm so that I can see the way forward.

Hon. Speaker: The one that I have is signed.

Hon. Kipkurui Chepkwony: Hon. Speaker, I am looking at this report of one Felix Sambu and

I am confused which part of the report I should discuss or not and who to blame. It is wrong

Hon. Speaker, when a committee of this nature can claim errors and we are talking about a

County Budget and Appropriations Committee. If they can have errors in wordings what about

figures. By and large whether the Committee intended to confuse this Hon. House let them be

notified that---

Hon. Kipkemboi: Mheshimiwa Spika, Je, ni Waheshimiwa ama ni wale walioandika ripoti?

Wale wenye kuandika ripoti ndio wamefanya makosa na ndio maana sitaki Kamati ya Bajeti

ilaumiwe na hawakufanya makosa.

(Hon. Koech Gideon on a point of order)

Hon. Koech Gideon: To the best of my knowledge Hon. Kipkemboi is not a member County

Budget and Appropriations Committee will he be in order to inform this House that the

committee did a good job or he is speaking on behalf of the Chair?

Hon. Speaker: Hon. Kipkemboi before you speak let me also address the same. That is why my

first communication to the House was that the Chairs of Committees should own reports. If there

is anything wrong with that report it is the Chair of that committee because at the end of the day

the signature that will appear will be that of the Chair. This are some of the problems we have to

fix at the liaison desk. If there is a contradiction let the Chair not sign the work until they are

satisfied that the report has been done well. Hon. Kipkemboi I hope I have answered your query.

Let Hon. Kipkurui Chepkwony finish on his submission then you can come in.

(Hon. Kipkemboi on a point of information)

Hon. Kipkemboi: Ningependa kufahimishwa kuhusu wale walioandika hii ripoti. Sheria

inasema tupewe ripoti masaa mawili kabla ya kikao ilhali sisi tumepewa saa hizi. Tutarekebisha

namna gani? Makosa iko kwa hawa wanaoandika ripoti.

Hon. Speaker: The 48 hours is at the time of tabling. Before the document is tabled the

committee would have even gone on retreat and write the report. Once they write a report it

comes back to the Chair for verification. I am sure that should have been done at that level. The

reason why I am reluctant to blame the clerk is because the Chair is in charge. I want to remind

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ASSEMBLY DEBATES 30 Jan, 2018

you of the report of the service board which drew questions why the Chair could not see errors

on documentation of the lady nominee. We set precedence then. That settles that matter.

(Hon. Chumba Milka on a point of information)

Hon. Chumba Milka: Hon. Rono Emmanuel says he has gone through the report and has seen

some mistakes but I want to tell him that he was wrong. He said Hon. Rael Rotich gave Felix

Sambu 48% and wrote not approved. From the report that was a comment meant for Faisal

Ahmed. Hon. Rael gave Mr. Sambu 71%.

Hon. Kipkurui Chepkwony: Hon. Speaker as I was saying, I think once in a while when I was

growing up in Tinderet, once in a while when you acted stupid for lack of a better word you will

be canned to learn a lesson. Like you have lightly put it, the owner of this report that is seeking

to confuse Members intentionally, the Chair for County Budget and Appropriations must bear

the full consequences of the report---

(Hon. Kiplagat on a point of order)

Hon. Kiplagat: Is it in order for Hon. Chepkwony to say I want to confuse the Hon. House? We

are giving a report based on what the Committee received from both nominees. We wrote a

report to be tabled in the Assembly before adoption.

Hon. Kipkurui Chepkwony: Mr. Speaker, I will still insist that the Chair fully takes

responsibility. We cannot be here on one hand--- where I come from the louder the thunder the

heavier the rain. Earlier on, the Chair did mention to the Hon. House that we should not amend a

dot or even a coma. At that point we did not know what we were talking about until now we see

this. The Chair must learn that this Hon. House is more powerful than him, we are not going to

subject the nominees to undue criticism because of the Chair but I want to go on record, today---

(Hon. Kipkemboi on a point of information)

Hon. Kipkemboi: Ningependa kumjulisha Mheshimiwa ambaye ameongea kwamba sheria

inaruhusu hoja ipitishwe ama isipitishwe. Hayo maswali yote hayatasaidia.

Hon. Kipkurui Chepkwony: Hon. Speaker, of course Hon. Kipkemboi knows I know that. That

is why I am saying the two gentlemen and for this case Felix Sambu, we are not going to put

across on his shoulders that belongs to Kiplagat. Each will carry their own cross. I want to go on

record, I do not feel this Felix Sambu---

(Hon. Ng’etich on a point of information)

Hon. Ng’etich: I want to inform Hon. Kipkurui Chepkwony that we do not have Kiplagat in this

House, we have Hon. Kiplagat.

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ASSEMBLY DEBATES 30 Jan, 2018

Hon. Kipkurui Chepkwony: Thank you. The chairman for County Budget and Appropriations

Hon. Kiplagat, if it is within the same statement I can always refer to the name. I want to go on

record, I feel that Felix Sambu did not get proper audience from the Committee by the time they

are doing a report that is confused because they either had a predetermined decision or they did

not know what they were doing. So today we want to do justice to Felix and the injustice that

Hon. Kiplagat wants to do in this House be done to him. This is because it is not clear whether

Felix Sambu got proper audience. I would suggest and go by the recommendations from the

County Public Service Board. The Hon. Member for Ol’lessos ward indicated here and I want to

repeat on page nine 8(a), ‘the nominee for Chief Officer Economic Planning Mr. Felix Sambu

has excellent communication skills but very little confidence during the conduct of the session’.

Did they seek to establish why he had no confidence? Probably the gentleman was suffering

from a stomach upset, who knows. Again all of us know the retired President Hon. Mwai Kibaki

who was an economist, had few words. Are we saying one Felix Sambu was being economical in

character? Again the one that interests me is the same 8(c), we need someone who can listen and

for me he meets the bill. The only thing is we need to verify what interest the Chairman for

County Budget and Appropriations has when approving such a report which is confused in

content. So from the marginalized where I have not been given proper audience, this is one

person who has not been given proper audience as it looks. I would be supporting the adoption of

the name Felix Sambu but the Chair Hon. Kiplagat should lose his seat within the next 48 hours.

Thank you.

Hon. Kipkemboi: Asante. Nasimama kuunga mkono Felix Sambu. Mambo mengi hayatasaidia

kwa sababu tunajua alipitia Bodi inayohusika na maswala ya Uajiri na wakasema amefuzu.

Tunajua mwishowe atapitishwa na ipo haja gani kupinga.

(Hon. Rono Emmanuel on a point of order)

Hon. Rono Emmanuel: By virtue of law and practice our business is to oversight the Executive.

So is Hon. Kipkemboi in order to say that whatever the County Public Service Board has done is

right and cast in stone?

(Hon. Maiyo Teresa on a point of information)

Hon. Maiyo Teresa: I would like to inform this House that the County Public Service Board

gives three names to the Governor, then the Governor gives us one of which if we disapprove, he

gives us another. So, we cannot go as per the Public Service Board. We go as per the report of

the Committee of which I feel is enough to give us clear---

Hon. Speaker: I think you will be giving your submissions when you will be up on the floor. I

think you were on a point of information.

Hon. Kipkemboi: Mhe. Spika, mimi nashangaa, hata kama Bodi wamapeana majina matatu

wote wamefuzu. Mhe. Gavana ataona kati ya hao watatu ni nani atamsaidia kwa sababu serikali

ni yake. Juzi tulipitisha mawaziri na mpaka saa hizi kuna mawaziri hawapokea simu na ndio

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ASSEMBLY DEBATES 30 Jan, 2018

maana nasema hata tukipishana hii serikali yote ni ya Mhe. Gavana. Wiki iliyopita maoni

ilikuwa tofauti na wiki hii iko tofauti---

Hon. Rono Emmanuel: Basing on the tangent that Hon. Kipkemboi has taken, I would kindly

request that he resigns his position as Member of County Assembly for Kapsabet because he has

given up his oversight duties. Kazi yako ni kuwa macho ya wanainchi.

(Hon. Kipkurui Chepkwony on a point of order)

Hon. Kipkurui Chepkwony: Is the Hon. Rono in order to use two languages on the same

contribution?

Hon. Speaker: I would rather you finish your statement in English.

Hon. Rono Emmanuel: I take that advice considerably. I beg to request that Hon. Kipkemboi

who has given up his position as Member of County Assembly for Kapsabet to exercise his

oversight role. I beg you Mr. Speaker to deny Hon. Kipkemboi that line of thinking.

Hon. Speaker: I would take that all Hon. Members are aware of their respective responsibilities

and I would not wish to stop someone’s thought or contribution. Hon. Kipkemboi kindly finish

your submission.

Hon. Kipkemboi: Mhe. Spika, kuna Waheshimiwa wamelalamika kwamba Waheshimiwa

wengine wamepigiwa simu. Mhe. Gavana alipeleka wengine Eldoret na ndiposa nasema hata

iwepo nini lazima watapitisha. Kwa sasa unasikia Mheshimiwa akisema huyu mtu amesoma---

(Hon. Koech Gideon on a point of order)

Hon. Koech Gideon: Hon. Kipkemboi is making very grave statement against Hon. Members.

Can he substantiate? How many of the MCA’s were called to Eldoret? How many of the MCA’s

were called on phone? Name and evidence so that we can admit this statement and goes to record

in the Hansard.

Hon. Speaker: Hon. Kipkemboi! Hon. Koech Gideon has raised a very legitimate concern, the

Assembly is not the appendage of the Executive and the Chair cannot sit and see that the

Assembly being mentioned in bad shape. The Chair will ensure this cannot happen. Before Hon.

Kipkemboi goes again on it and we put in the Hansard I need to take up such matter seriously.

Remember as Hon. Members, you are answerable to the people even the nominated represent the

interests of certain people. They are nominated by the parties but they represent the people. So at

no point should we have the Hon. Members operating on an environment of fear or intimidation.

If that is the case then the Assembly will have no job to do here. Hon. Kipkemboi you are

protected by the law and whatever you say here will not be used against you and the same will be

factored in, in our recommendation as a House. Our independence and ability to function is

supreme. We owe our duty to the people.

Hon. Kipkemboi: Asante sana,mimi najua sheria. Siwezi taja jina la Mheshimiwa yeyote sababu

ya usalama wake. Ya pili, mimi nikiwa hapa wengi wamekuja kwangu ya kwamba nipitishe

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ASSEMBLY DEBATES 30 Jan, 2018

nipate kazi. Wote ambao wameletwa hapa wamepewa nafasi kwa sababu wamefuzu. Ya nini

nipinge na tayari huyu alikuwa anamfanyia kazi Mhe. Gavana. Kwa ile serikali iliyopita wote

walikuwa wamesoma lakini Kaunti ya Nandi ilikuwa inashikilia nambari arobaini na saba.

Gavana alikuwa daktari wa masomo, Wakilishi wengine waliokuwa hapa walikuwa na shahada

za juu na mimi tu ndiye sikuwa nayo na Kaunti ya Nandi ikaanguka. Ya pili wale wote walikuwa

wanasema Hon. Kipkemboi ni mjinga walienda nyumbani. Tumepitisha mawaziri juzi na saa hizi

hawapokei simu. Juzi nimeambiwa nisimame waziri akae chini, kama ni hivyo tufanye vile

Gavana alisema kwamba tupitishe hivyo. Utaona jioni watu wote watapitishwa---

(Hon. Swadi on a point of inquiry)

Hon. Swadi: I concur with Hon. Kipkemboi but I want to inquire from the Chair if he is

contributing or giving a statement. He has spoken several times and you have given him time to

contribute. Is he giving information?

Hon. Speaker: I think Hon. Kipkemboi was giving his submission regarding Felix Sambu and

was substantively on the floor.

Hon. Kipkemboi: Nashangaa Mhe. Spika, watu wanasema wamesoma lakini hawaelewi.

Maneno yangu ni ukweli mtupu ndio maana inachoma watu. Mimi nimepigiwa simu na

wakubwa kwamba tupitishe majina haya. Tuna Waheshimiwa telathini ambao wanawakilisha

Wadi zao na kwa sababu tunataka kuchagua mtu mmoja ambaye atawakilisha Kaunti lazima

tuelewane na leo nitaenda kwa historia kwa kukataa yule nimekataa na kupitisha yule

nimekubali. Ukiangalia jina pekee yake Felix Kipchumba Sambu, anatosha kupitishwa? Asante.

(Laughter)

Hon. Koech Gideon: Thank you. I will not go so much into the wording. Basing on this report

as presented by the able Chair for Budget and Appropriation Committee and as earlier mentioned

by Hon. Kipkurui Chepkwony, if I am not wrong to run away from the facts on this particular

document, I want to thank the Budget and Appropriations Committee for giving us information

the way it is as presented by the nominee. This information has given us a clear picture of who

this nominee is. Basing on this I rise to totally oppose the adoption of Felix Sambu for this

position purely on what is written here. We have been told he is a holder of Master’s degree in

Business Management specializing in purchasing and supplies. This is a docket of economic

planning. I did physics and I might not know how purchasing and supplies is related to economic

planning. The Doctorate degree he is pursuing is on agricultural technology. Surely basing on

those two statements my conscience cannot allow me to approve the nomination of Felix Sambu

as the Chief Officer for Economic Planning. I wish to comment on what Hon. Kipkurui

Chepkwony contributed that he needs to give justice to Felix Sambu and injustice to Hon.

Kiplagat. I would say that personally the debate we have is on the nominee. When Hon. Kipkurui

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ASSEMBLY DEBATES 30 Jan, 2018

Chepkwony will have something to do with Hon. Kiplagat he will bring a substantive Motion

here for discussion on the merits and demerits of the said Chair. I stand to oppose.

(Hon. Kipkemboi on a point of information)

Hon. Kipkemboi: Ningependa kufahamu kutoka kwa Mheshimiwa Koech Gideon ya kwamba

ikiwa Felix alifanya makosa sio kwamba Kamati ilifanya makosa.

Hon. Serem: Thank you. I rise to give my submission on this report. I want to take note that the

Committee has done its best to give us the report but when you read it soberly, the message they

are communicating is not what they have given. Mr. Speaker, I want to borrow from the

scripture, Paul said whereas I want to do that which is good something bad comes out because of

the nature of human in me. He also says there is a thorn that is in me that every other time I want

to do something this thorn is a nuisance. There was a time of Baal and Balack where one is on a

donkey and is going to curse the other and the angel of God comes with a sword and it was

unfortunate the man could not see the sword until the donkey spoke. So the message is clear

here, we do not have to wait for the donkey to speak. The committee on Budget and

Appropriations is telling us what the famous Kiswahili saying ‘Akufukuzae hakuambii toka’

(Applause)

The choice of words were deliberate because even on the academic credentials the start of the

statement is ‘although’ you are saying you are unable to decide. You are telling us outright that

he will be committed to his own interest as opposed to the interest we are giving him now. Every

time you do something bad and your conscience tells you otherwise you have the right to correct

or follow your conscience. Every time you disobey your conscience you kill it, when it dies you

act like an animal. My conscience tells me the report that I have here is not properly done.

Whereas I want to do that which is good to the nominee, the thorn in me, the conscience in me is

telling me that the message the Committee is giving us is disapproved. The people of Chemelil/

Chemase gave me this mandate I used to work in the bank and we used to appraise clients for

loans and the one who goes to the MD to ask for a facility and you are told to process, yes you

process it but you do not recommend. You say I hereby forward for your consideration. This has

been forwarded for our consideration---

(Laughter)

It is on the floor for us to decide. The report is in black and white. I want to quote as I sit

‘akufukuzae hakuambii toka’ I want to give the report what it deserves---

(Hon. Kipkurui Chepkwony on a point of inquiry)

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ASSEMBLY DEBATES 30 Jan, 2018

Hon. Kipkurui Chepkwony: I would wish to inquire from the Hon. Serem who is properly

executing this report if he had an advance meeting with the Chair Budget and Appropriations

Committee to clarify the contents of the report because seemingly the interpretation that he is

getting, I see the Chair for Budget and Appropriations Committee is shaking his head, he is

seemingly in agreement.

Hon. Speaker: If the Chair is nodding in support of Hon. Serem, he is in support.

Hon. Serem: As I conclude, I had not noticed he nodded, Felix Kipchumba is someone I do not

know but I don’t want to deny him a chance, the report presentation does not let me approve.

Thank you.

Hon. Muge Cynthia: As I make my submission, I am torn between commenting on the nominee

and the report on page 16, it is named conclusive remark, written that both do a capacity building

on various points, roman two says Felix Sambu shall not be appointed, by the Governor, he is

required to provide other two nominees well versed on areas, on conclusive remarks, above. I

agree with Hon. Serem that we need clarification of the report. Should it be based on the

committee that recommends him or the report? Maybe we could get clarification from the

Chairperson?

Hon. Speaker: I will not allow the clarification. It is members to clarify they have put it in

writing as the position of the committee, I would ask that you support or not, it is clear.

Hon. Kipkurui Chepkwony: When an hon. Member seeks clarification, it is proper for the

benefit of the whole House. I am interested, let it be responded to.

Hon. Speaker: There is the right of reply. We should expect that to be responded to, when you

stand, supporting or not will guide me to putting the question, the Chair will have his turn.

Hon. Muge Cynthia: I am confused more, as to support or not, it is impossible. I don’t

understand the report, unless it is harmonized.

Hon. Rono Emmanuel: Judging by the mood of the House, I request that you put the question.

Hon. Speaker: There is a reason I wanted conclusive submission, it makes me know when to put

the question.

Hon. Maiyo Teresa: On the report tabled, we have roles and responsibilities, page 8, says Felix

Sambu appeared to be the kind of person that expects every circumstance to have been stated in

law. That is not the case, proper judgment would be required. He is required to develop a

strategic plan and sector development plan for the department to implement, provide strategic

policies and direction for effective service delivery, to formulate and implement effective

programs, judging at how the members interrogated him and gave a report. I feel that with the

role of the docket being a planner, I object.

Hon. Kipkurui Chepkwony: The marginalized oppose the name.

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ASSEMBLY DEBATES 30 Jan, 2018

Hon. Kipkemboi: Napenda kufahamishwa. Kwa wale wote wanaosema hawaungi mkono, si

shida yake, tuone mambo mengine, si makosa yake. Naona Kamati haikuwa na habari.

Tumepewa ripoti leo na tunataka kumtoa na si makosa yake. Ametoka mbali, Kamati haikuwa

imeona ripoti.

Hon. Speaker: There is a different point I get from the Committee. They are sincere to say in the

interview, he was not confident, members have quoted specifics. I think it’s not who to blame,

they have asked and received it. The idea is, we found this, these are findings and they say

finally they should be recommended, it is good to see the committee as it is. We appreciate

honesty to whether it will speak to their conclusion that is up to the committee but as to the

content they wrote as ‘the nominee appeared not confident’, it is what they saw, if it is grammar

that has been sorted. Going forward, proof read the Committees’ report. As to the content, the

House will make judgment.

(Question put and agreed to)

APPROVAL OF THE APPOINTMENT OF CHIEF OFFICER NOMINEE FOR FINANCE

DEPARTMENT

Hon. Kiplagat: Mr. Speaker Sir, I wish to move a motion, with regard to Mr. Feisal Ahmed

Mohammed, the nominee for Finance department. The committee found that, Mr. Feisal Abdi

Ahmed Mohammed was competitively sourced as per the procedure required.

The procedure used to arrive at the recommendations including the criteria for the short listing of

the nominees. The County Public Service Board advertised for the position of the Chief Officer

on the 25th and 28th August 2017 in newspapers of nationwide circulation as required by law and

shortlisted 16 interviewees, a process which culminated in nomination of Mr. Feisal Abdi

Ahmed Mohammed as a Governor’s nominee for Chief Officer for Finance. There was no

petition submitted to the Committee directly or solely against his appointment. The academic

credentials of Mr. Feisal Ahmed Mohammed are; he is currently pursuing MBA in the same field

at the Catholic University of Eastern Africa. He is an alumnus of Moi University where he

undertook his Bachelor’s degree in Business Management. He completed his KCSE in Terige

Boys’ High School qualifying to join university. His earlier schooling were spent at Baraka

School in Kapsabet. The responses from these institutions confirm that his certificates are

genuine, validly issued and therefore authentic.

On the knowledge, abilities, relevant experience and qualities of Mr. Feisal Ahmed Mohammed,

he has no academic insights to public finance going by the oral submissions he made to the

members. He could not demonstrate any knowledge of any of the terms “capital flight”, “bearish

capital market” or “bullish capital market” yet these are basic terms used that ideally a business

management graduate would have an idea of. However, he has 4 years’ experience on matters of

finance management. The lack of public sector financial management experience may just be

because he is still young. The particular identity features of Mr. Feisal Ahmed Mohammed, as a

nominee for Chief Officer for Finance, are that; He hails from Kapsabet Ward, Emgwen

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ASSEMBLY DEBATES 30 Jan, 2018

Constituency. He is a married man. He confesses Muslim faith. He is 31 years old as of the time

of interrogation. He has been working in private sector firms since 2011 and frequently changes

jobs. Understanding of the Government structure and appreciation of the national economic

development objectives and vision 2030. Members are of the view that: Mr. Feisal Ahmed Abdi

Mohammed sufficiently demonstrated, in his submissions, that he did understand the structure of

Government and the mandate selected number of the PFM institutions, like the office of the

Auditor General, Controller of Budget, Central Bank of Kenya, The National Treasury, IBEC,

CBEF and the Cabinet Secretary for finance.

Mr. Feisal Ahmed Abdi Mohammed sufficiently demonstrated that he had in his submissions,

three of the four basic academic concepts that ideally any graduate in finance specialist,

economist and accountant ought to know.

It was agreed; that he submitted a correct answer to question soliciting answers on instruments of

fiscal policy. That he submitted correct ideas on reasons for “capital flight in Africa” and

particular applications to Nandi County. That he submitted a correct narrative on descriptions of

bearish and bullish capital markets. That he too submitted a correct answer to question soliciting

answers on financial reporting framework in an entity. Mr. Feisal Ahmed Abdi Mohammed

sufficiently demonstrated that he had a good understanding of basic statistics, civics and

geography of the Nandi County and contemporary Kenyan order. This was supported by the fact

that he made four of the five questions intended to assess his understanding of basic statistics,

civics and geography of the Nandi County. Particularly; he submitted correct answers for the

estimate of budget of the County Government of Nandi and county populations. He submitted to

submit appropriate rough estimate of poverty levels of the Nandi County, the national average or

ideas of which areas of the county has most poor county population. He submitted a correct ideas

of how the county government should direct its efforts in poverty eradication. He submitted a

correct answer on the question soliciting understanding of the number of parliaments in Kenya.

He believes there are 47 parliaments in Kenya. He gave submissions to inquiries by a member on

administrative and social divisions that make up Nandi County; explaining that Nandi County is

made up of Jubilee and NASA tribes that makes it cosmopolitan. Mr. Feisal Ahmed Abdi

Mohammed sufficiently demonstrated that he understood the job description of accounting

officer that he would be designated as per the law. He believes each CEC Member of a

respective department designates an Accounting Officer of an entity while the correct submission

would be specific that the CEC Member for Finance is required by law to designate accounting

officer of each entity who will in turn be accountable to the County Assembly but report to the

County Treasury. He submitted the conditions in which an Accounting officer may reallocate

funds.

Further inquiry by a member to test the nominee’s understanding of the relationships between

County Assembly and the CEC Member responsible for Finance were specifically too

challenging for him to answer.

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ASSEMBLY DEBATES 30 Jan, 2018

Further, Mr. Feisal Ahmed Abdi Mohammed was in a position to explain why and how the

Cabinet Secretary responsible for the National Treasury may be compelled to stop transfer of

funds to public entity.

Mr. Feisal Ahmed Abdi Mohammed on average demonstrated, in his submission, that he

understood the county budgeting processes well below the Committee’s expectation. While he

could correctly list the contents of County Treasury Circular that he would assist prepare every

August if appointed, he couldn’t exactly explain regulatory key budget timelines guiding the

budgeting process.

Although he had an idea of some of the papers such as the County Fiscal Strategy Paper and the

CIDP required for submission to the Assembly, it proved difficult to him to explain the legal

procedures in which a County has to follow while borrowing funds for its use from bank or other

financier.

Mr. Feisal Ahmed Abdi Mohammed also made submission that would convince members that he

can be of resolute personality when faced with staffing challenges arising from trade union

unrests, resistance by staff, wage bill beyond economic planning framework, irregular advances

and conflicts of interest. In each of the questions soliciting solutions in such scenarios, Mr. Feisal

Ahmed Abdi Mohammed could only explain the need for dialogues and not matters relating

implementation of any policy. Mr. Feisal Ahmed Abdi Mohammed did demonstrate sufficient

understanding of the Constitution of Kenya as shown by; his success to demonstrate proper

understanding of constitutional framework guiding referenda by popular initiative yet the same

has been in public domain. He could explain how the Cabinet Secretary may stop funding to

public entity yet the same is given in Chapter 12 of the Constitution of Kenya. He enumerated at

least 7 of the 14 constitutional functions of a County Government as per the Schedule Four of the

Constitution. He could only list five of those functions. On communication skills and

interpersonal skills, the nominee has excellent communication skills with appropriate confidence

as per his conduct during the session in which he was interrogated by members. The nominee

appears to be a man who is punctual and cooperative going by attendance to the invitation. He is

a keen listener. On satisfaction of requirements of the Chapter 6 of the Constitution of Kenya,

Mr. Feisal Ahmed Abdi Mohammed has no litigation history. The Committee is yet to receive

any letter confirming any litigation but has written to EACC to provide a response to the form

filed by the nominee. Mr. Feisal Ahmed Abdi Mohammed has complied with all tax obligations

and has filed tax compliance certificate that is valid up to October 10th 2018. KRA portal

confirmed to the members that the Tax Compliance Certificate No. KRALDR8677732017 that

has been filed at the County Assembly is authentic. Mr. Feisal Ahmed Abdi Mohammed did file

a police clearance certificate in the Assembly that in essence proves he has had no criminal

record as of the time the police certificate was issued. On membership to professional body, he is

not a member of any legally recognized professional body. Incorrectly filed in vetting form that

he is a member of the Association of Chartered Certified Accountants (ACCA) which is a UK

based professional accounting body. He is on record admitting that he has not completed

fulfilling qualification to be a member of the ACCA.

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ASSEMBLY DEBATES 30 Jan, 2018

With regard to Mr. Feisal Ahmed Mohammed, the nominee for Finance, the committee found

that; the procedure for nomination of Mr Feisal Ahmed Abdi Mohammed by the Governor was

above board, competitive, publicly advertised, all inclusive and is not subject to any legal contest

or risk. His certificates are genuine, validly issued and therefore authentic. The commitment

demonstrated by the nominee to the job is commendable since it recognizes the value of the

interests of the citizens more than his individual interests. There is doubt on the quality of

advertisement or conduct of interviews by the CPSB but not the nominee. The particular identity

features of Mr Feisal Ahmed Mohammed is that he is a resident of Kapsabet Ward, he

understands the Government structure and appreciation of the national economic development

objectives and vision 2030.

Mr. Speaker Sir, Mr. Feisal Ahmed Abdi Mohammed is fit to hold office and I call Hon. Rotich

Rael to second.

(Hon. Rotich Rael bowed to second)

(Question proposed)

Hon. Rono Emmanuel: This is a fuss and is a charade. The first point is on the approval of Mr.

Feisal Ahmed. In this report Hon. Rael did not approve and she has now seconded the Motion. I

began my submission earlier, it should go in record that you don’t have to be the son of an

elephant to get a job in Nandi County, I will not withdraw.

Hon. Kipkemboi: Mheshimiwa anachangia ilhali haujaidhinisha hoja.

Hon. Speaker: I had said it earlier on.

Hon. Kiplagat: Mr. Speaker, is the Member in order to say the sons of elephants only get jobs in

the County? He should conclude this matter and leave assumptions.

Hon. Speaker: Stop using animal names Hon. Rono Emmanuel.

Hon. Rono Emmanuel: That was a metaphor.

Hon. Kiplagat: Mr. Speaker, should we allow him to continue with metaphors? Sons of

elephants?

Hon. Kipkurui Chepkwony: Are we in order to discuss the use of language? I like more often

than not to ask for clarification once you don’t understand something, like Hon. Kipkemboi does.

Hon. Kiplagat does not understand the interpretation unless he clarifies for him further. Don’t

lower your level by going after something that has been clarified.

Hon. Speaker: Stop interruptions please, Hon. Rono Emmanuel continue.

Hon. Rono Emmanuel: There was no conflict of interest declared between the appointing

authority and the nominee. It is in the public knowledge that the son of the owner of Cottages

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ASSEMBLY DEBATES 30 Jan, 2018

Hotel has been dining with the appointer. Quote me, hypocrisy unites us. You indicated in the

report that they do not qualify and need further training, see page 12, we are not looking for

average, refer to number 5A. Why approve him, the County Public Service Board indicated they

need 10 years’ experience. The item on page 16, number 2(ii) both Sambu and Felix shall not be

appointed and need two other nominees, point 4, the while the Governor could appoint him, he

shall forward another name. This is a joke, I don’t know what members will approve, if it is the

issue of ayes and nays, parrots can do it.

Hon. Koech Gideon: Our grammar master Hon. Rono Emmanuel has used the term parrot. It is

in the Hansard, he should withdraw.

Hon. Rono Emmanuel: I withdraw. As for Hon. Kipkemboi about people being called, it is

unfortunate this House is not an appendage for the Executive. This is now an extension of the

Executive. I rest my case.

Hon. Kipkurui Chepkwony: Much us we engage closely with Hon. Rono Emanuel, this

Assembly is not an appendage of the Executive. Earlier on, he sought that Hon. Kipkemboi

relinquishes his position. I seek he does withdraw because he is here by law.

Hon. Speaker: I am trying to cut on interruptions. I call it a fair comment, it is subject to re-

battle.

Hon. Rono Emmanuel: I do not support the nominee for Finance Department.

Hon. Kipkurui Chepkwony: I insist that he withdraws that we are an appendage, are you

supporting that Mr. Speaker?

Hon. Speaker: I am trying to cut on interruptions, your actions will confirm the same.

Hon. Koech David: I thank the members and going by the report, I find him fit for the position.

He has a Bachelor’s degree that is relevant and he is a pursuing his Master’s degree in the same

field. The committee says that he has interest for the County more than his own and he wants this

County to move ahead. He went to Terige Secondary School and has done professional courses.

He is up for considerations, he demonstrated that he understands the structure. If this man did

demonstrate that, he can serve the people. From experience, he has worked as an operational

manager at KENGEN. I therefore use this pregnant CV to approve him and kindly ask members

to support, Hon. Kipkemboi, this is good for you now that he hails from your ward.

Hon. Koech Gideon: Is the Hon. Member in order to impute that we approve nominees for

political mileage?

Hon. Koech David: I was motivating Hon. Kipkemboi.

Hon. Muge Cynthia: I am confused on (ii), the contradiction on (iv) too, I am not too bright nor

too green but I can read and salvage this situation. For your guidance, Standing Order 54 talks

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ASSEMBLY DEBATES 30 Jan, 2018

about amendments. We are a House of order. Despite the glaring comments that will be in record

for these nominees, we went ahead to approve. Is it possible that the County Budget and

Appropriations Committee amends some parts? I imagine what I see is what they meant because

of contradiction, I seek your guidance.

Hon. Kipkurui Chepkwony: I stand to refer to Standing Order No.31.

Hon. Speaker: I am there, clearly. I want to guide Hon. Cynthia. The purpose is to discuss and

make the decision. It is tabled and adopted as it is, trying to massage the document to suit would

be the end debate. The main reason for the debate is to discuss, approve or disapprove. If it was

an amendment, then it would have been a procedural flow, as it stands, this is what we will

adopt.

Hon. Kipkemboi: Naunga mkono uteuzi wa Feisal. Yeye ni jirani yangu na tangu nimjue, ni

mtu mzuri. Nandhani Mhe. Gavana aliona uzuri wake. Wengine walisema si mkaazi wa Kaunti,

amesoma huku na naomba tumpitishe. Mhe. Kipkurui Chepkwony ukitaka kuona mahali gari la

moshi linapita, angalia reli. Amezaliwa hapa na anataka kazi. Tumpe nafasi akishindwa

tutamuondoa. Tusipoteze wakati. Wakati nilikuwa shule ya msingi, tulifunzwa mambo mengi.

Sasa hivi nasomea utaalamu wa magari. Waheshimiwa wengi hapa ni wageni, Gavana pia ni

mara yake ya kwanza kuwa Gavana. Mimi nina ujuzi tupitishe uteuzi huu kisha tuone kazi yake.

Hon. Singoei: Naunga mkono apewe kazi na aendelee kwasababu baba yake ana shamba hapa,

ekari 15 na tunamjua. Anajua sheria na anajua dini. Damu yetu ni moja. Gavana amemchagua na

niliwauliza watu kwa wadi yangu kama waliochaguliwa na Gavana wako sawa, wao walikubali

na naunga mkono.

Hon. Kipkurui Chepkwony: Beside the injustice by the Chair Hon. Kiplagat, Feisal is a youth.

That opportunity is good for the youth. Look at the story put across we could not get

clarification. The report shows a man who has efforts, has worked in finance in the companies.

Mang’ira and Tanui are proper in working relationship but we are approving. The report states

that we need training for the two. We fully support this nomination.

Hon. Kering: Feisal was my course mate. He was a director and did it diligently. I do

recommend him to be the Chief Officer.

Hon. Kirongo: I would not let down my title and I thank the committee. Thank you for

recommending Feisal for approval. There is a Kalenjin term ‘Kipchumariat’ such people are

investors. Any town that grows has such people. I don’t want to use a lot of words, I support.

Hon. Koech Gideon: I was in Terige with him and finished two years ahead of him. Basing on

the experience since he finished his degree, I believe he fits to be approved for the position,

having been the few who championed for inclusivity. I support him and more importantly, I

applaud the Governor.

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ASSEMBLY DEBATES 30 Jan, 2018

Hon. Maru: The Members basically knowing the candidate, I support him for approval as Chief

Officer Finance.

Hon. Nyauntu: Being a member of the County Budget and Appropriations Committee, I highly

recommend him because he was before me. I looked at his experience and it is good. He was

jovial and he is fit. He is the man who will not waste time. I adopt the report.

(Question put and agreed to)

ADJOURNMENT

Hon. Speaker: I seek to make the following communication, there is a snack prepared for you at

the Committee room, let’s go there so that we resume by 2:30. The House stands adjourned.

(The House rose at 1:32pm)