Parliament considers bill on amendment in removal of CECs
The National Assembly has considered the County Governments (Amendment) Bill, 2023 after it was read for the first time.
The Bill brought on the floor by Nandi Senator Samson Cherargei seeks to amend Section 40 of the County Governments Act by increasing the threshold of voting in a County Assembly for the removal of a member of a County Executive Committee (CEC).
Currently, Section 40 of the County Governments Act allows a CEC member to be removed by a vote of one-third of the County Assembly members.
This is in line with Article 10 of the Constitution which provides for the national values and principles applicable to State officers when exercising public power.
These values and principles include good governance, integrity, transparency and accountability.
According to Cherargei, the threshold for the removal of County Executive Committee members should be increased to two-thirds of the vote by members of the County Assembly instead of a third.
Removal of CECs
In the current constitution, a CEC could be removed on grounds of gross misconduct, gross violation of the constitution or any other law, incompetence and abuse of office.
The other ground that may call for the impeachment of a CEC is if one is convicted of an offence punishable with at least six months in prison.
With the support of at least one-third of the MCAs, the county assembly is required to appoint a select committee of inquiry of five MCAs who shall investigate the validity of the misconduct of the CEC and give a report within 10 days.
During the investigations of the allegations, the CEC has a right to appear before the select committee.
In the event that the allegations are unsubstantiated, no further proceedings shall continue but when the allegations are proven, the select committee shall table its recommendations and a vote to dismiss or retain the CEC shall take place.
The county speaker then forwards the outcome of the vote to the Governor who takes appropriate action on the particular CEC.
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