, NAIROBI, Kenya, Mar 10 – Machakos Governor Alfred Mutua has reinstated two ministers and a chief officer who were irregularly dismissed by his deputy Bernard Kiala.
Mutua expressed dismay at the move, terming it a gross violation of the law.
He says Kiala had grossly violated the Constitution and the County Government Act.
“Kiala’s actions are therefore unlawful, null and void. It is only the Governor under the law who has such powers,” he stated in a statement.
“I have thus directed that the two Ministers Kioko wa Luka, Joshua Musili and the Chief Officer Nimrod Mbai continue with their duties uninterrupted.”
“Article 179 (b) gives the Governor power to appoint County Ministers and Chief Officers. Further, under Article 180 (5) of the Constitution of Kenya, 2010, it is the Governor who nominates the Deputy Governor as a running mate during electioneering and hence the requirement by the County Government Act Section 32 that a Deputy Governor deputizes the Governor and only performs those duties assigned to him by the Governor,” Mutua pointed out.
Kiala had made the announcement during a media briefing at his office in Machakos.
Mutua reiterated that Section (1) to (5) of the County Government Act says the Governor may assign the deputy governor on any other responsibility or portfolio as a member of the county executive committee.
“Thus when acting in office as contemplated in Article 179 (5) of the Constitution, the deputy governor shall not exercise any powers of the Governor to nominate, appoint or dismiss that are assigned to the governor under the Constitution or other written law,” he said.
He said this effectively means that even if the Governor was to delegate part of his powers under the Constitution and other Laws, he cannot delegate the power to nominate, appoint and dismiss officers.