Kitui Governor Julius Malombe was put to task to answer to tough questions after it emerged that he had creating extra county positions without consulting the assembly as required by the law.
According to the lawmakers, three senior positions were established against the provisions of the County Government Act that requires the participation of the assembly.
Governor Malombe appeared before the Senate County Public Accounts and Investments Committee sitting at Parliament Buildings on Tuesday July 19.
The controversial positions are for the Deputy County Secretary, Deputy Finance Officer and Deputy Director for Trade.
Dr. Malombe defended himself saying governors had met with former Devolution Cabinet Secretary Anne Waiguru and agreed to make such appointments without sticking to the law.
He said they borrowed the practice from the national government where appointments for junior officers were made without the approval of the National Assembly.
But the Auditor-General Edward Ouko’s audit report for the 2013/14 financial year was very clear, “The requirements for appointment (for deputy county secretary) were essentially similar to those of the county secretary,” the report indicated.
“If you look at the Constitution, the County Government Act and other regulations, there is no clear structure for appointing other officers other than the County Executive Committee Members, The County Secretary and Chief Officers,” The Governor went on.
“I agree that there is a provision that these positions must be created with the approval of the county assembly but during the meeting we agreed that we can appoint them without that.” said the governor.
But Kiambu Senator Kimani Wamatangi said the law must be followed in employment. “In as far as the procedure of employment is concerned the law should be followed. We cannot say that there was a meeting that was agreed to do arbitrary employment. When you are creating a position you must expressly say so and the County Assembly must pass it,” said Kiambu Senator Kimani Wamatangi added.
Other senators echoed Sen. Kimani saying that the law was put in place to stop arbitrary appointments and should be followed to the letter. They asked the governor to adhere to the law in the next appointments he will make.