
1. AWARE that Article 179 of the Constitution of Kenya vests the executive authority of county governments on among other persons, the county executive committee members,
FURTHER aware that article 183 outlines functions of county executive committees; Appreciating that this assembly on 15th November, 2017 approved the appointment of, among other persons, the county executive committee member for finance, whose functions are set out in the constitution, and in the Public Finance Management Act, 2012 to manage the budget processes in the county including submission of key budget and other policy documents to the assembly, but has failed to do so in blatant violation of several provisions of the laws;
This house RESOLVES that pursuant to Section 40 of the County Governments Act, 2012 and Standing Order 67 of the County Assembly of Nakuru Standing Orders, H.E. The Governor removes the County Executive Committee member for Finance and Economic Planning from office on the following grounds:
a) Gross Violation of Public Finance Management Act, 2012
Violation of Section 128 of the Public Finance Management Act, 2012 which provides that ‘the county executive committee member shall manage the budget process for the county’. In specific, the CECM Finance failed to submit the key budget policy documents to the assembly in time including the County Fiscal Strategy Paper which should be submitted by 28th February (Section 117 of the PFM Act, 2012), The County Integrated Development Plan, which shall be submitted latest by 1st September (PFM Act, 126)
b) Incompetence
Failure to implement the house resolution made on 28th March, 2018 asking the CECM Finance to stop any impending penalties on traders for a period of one month pending the passage of Finance Bill, 2018. The CECM Finance is mandated under Section 159 of the PFM Act, 2012 to ‘waive a county tax, fee or charge imposed by the county government and its entities…’