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Acid test for Mruttu as county assembly impeaches confidant executive
Acid test for Mruttu as county assembly impeaches confidant executive

captions: Top: CEC Stephen Masamo

Bottom: Governor John Mruttu PHOTOS/I-MPACT PICTURES FILE

 

 

 

Taita –Taveta Governor John Mruttu is facing a strong acid test after the County Assembly impeached one of his county executives and close confidant Stephen Masamo.

Mr Masamo was among five executives who were required to appear before a county assembly select committee chaired by Sagala ward MCA Godwin Kilele to defend themselves against a raft of issues pertaining to their dockets ranging from incomptence and abuse of office.

Talking to i-mpact news on the telephone Mwatate Ward MCA Eresmus Mwarabu said it was now the prerogative of Governor Mruttu to dismiss Masamo as the county assembly had duly undertaken its obligation according to the law

“The buck now stops with Mruttu to dismiss the executive member as the county assembly has duly played its part as per the law” said Mwarabu.

The MCA said that executives appearing before the CA select committee was not a death warrant or a witchhunt but merely to shed light on issues pertaining to their dockets

“Our work is basically oversight and not witchunting” said Mwarabu.

Hoever another MCA who sought anonymity said it might be had for Mruttu to dimsss the executive as he was one of close confidants.

“The governor is now between a rock and a hard place as he has to either comply with the law or stick  around with his man and have his image  blurred as leader who respects the rule of law,” said the MCA.

However four other county executives who appeared before the select committee were cleared of all allegations against them after they vehemently defended themselves.

These are ICT’s Eng Elijah Mwandoe, Finance’s Vincent Masawi, Trade’s Florah Mtuweta and Public health’s Gifton Mkaya.

However, water and irrigation Stephen Masamo did not appear before the committee and instead send his lawyers.

 

According to the County Government Act 2012, a county executive member can be impeached as follows :

 

 

Removal of member of executive committee.

40.(1) Subject to subsection (2), the Governor may

remove a member of the county executive committee from

office on any of the following grounds—

(a) incompetence;

(b) abuse of office;

(c) gross misconduct;

(d) failure, without reasonable excuse, or written

authority of the governor, to attend three

consecutive meetings of the county executive

committee;

(e) physical or mental incapacity rendering the

executive committee member incapable of

performing the duties of that office; or

(f) gross violation of the Constitution or any other

law.

(2) A member of the county assembly, supported by at

least one-third of all the members of the county assembly,

may propose a motion requiring the governor to dismiss a

county executive committee member on any of the grounds

set out in subsection (1).


 

(3) If a motion under subsection (2) is supported by at

least one-third of the members of the county assembly—

(a) the county assembly shall appoint a select

committee comprising five of its members to

investigate the matter; and

(b) the select committee shall report, within ten days,

to the county assembly whether it finds the

allegations against the county executive committee

member to be substantiated.

(4) The county executive committee member has the

right to appear and be represented before the select committee

during its investigations.

(5) If the select committee reports that it finds the

allegations—

(a) unsubstantiated, no further proceedings shall be

taken; or

(b) substantiated, the county assembly shall vote

whether to approve the resolution requiring the

county executive committee member to be

dismissed.

(6) If a resolution under subsection (5) (b) is supported

by a majority of the members of the county assembly—

(a)

the speaker of the county assembly

shall

promptly deliver the resolution to the governor;

and

(b)

the governor shall dismiss the county executive

committee member.

 

 

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