GAZETTE NOTICE NO. 9890

Pursuant to section 13(1) of the Assumption of the Office of Governor Act, 2019, the outgoing Governor handed over the instruments of power to the Governor-elect. THE FINANCIAL STATEMENTS OF THE COMMITTEE Pursuant to section 18 (3) (a) of the Act, the financial statements of the committee is as tabulated below: Item Code Description Amount (KSh.) General office Supplies (GoS) 2211101 Purchase of stationeries 147,500.00 Hospitality 2210801 Provision of catering services 2,211,510.00 Hospitality Others 2210802 Provision of event management services 2,000,000.00 Awareness 2210504 Advertising, Awareness and Publicity Campaigns 3,405,500.00 Allowances 2210303 Payment of allowances to AOG main committee, secretariat and support staff 1,854,000.00 Security 2110316 Security allowance (National Govt) 200,000.00 Cleansing 2211103 Sanitary and Cleaning Materials, Supplies and Services 28,200.00 Publications 2210502 Instruments of power 370,084.00 Maintenance 2220209 Repair of podium 15,000.00 TOTAL 10,231,794.00 OBSERVATIONS OF THE COMMITTEE The Committee noted that there was need to review the Assumption of the Office of Governor Act’ 2019, to address the following noted concerns: 1. In instances where the outgoing Governor does not attend the swearing in ceremony, there is no provision for any other person to hand over the instruments of power. It is recommended that the 8:13 PM THE KENYA GAZETTE 30th September, 2022 7534 7534 County Secretary and Head of Public Service being the senior most member of staff in the County and the Chairperson of the Assumption of the Office of Governor Committee be expressly empowered to handover the instruments of power. 2. The current Act provides for departmental reports to be prepared upon establishment of the Assumption of the Office of Governor Committee. Due to the heavy volume of work required to generate the reports, the committee proposes that the law be amended to allow the County Secretary call for preparation of the reports three (3) months before the establishment of the committee. 3. The committee noted that the power to make regulations under section 24 of the Act vests in the County Executive Committee Member responsible for Public Service. This being a national legislation and in order to create uniformity and standardization in the assumption of the office of Governors countrywide, this power should vest in the Cabinet Secretary responsible for Devolution. 4. Section 5 of the Act provides for the nomination of representatives of the Governor-elect as anticipated under Section 5(2)(m). However, subsection 5 refers to nomination made under paragraph 2 (l) (representative of the Judiciary). There is need to harmonize section 5 (5) to align with section 5 (2) (m). 5. There is need for clarity on the swearing-in of the Governor- elect pursuant to section 11 (2) of the Assumption of the Office of Governor Act, 2019 in view of section 39 (1) of the Elections Act, 2012 (Rev. 2016). Whereas section 39 (1) of the Elections Act requires the commission to determine, declare and publish the results of an election immediately after close of polling, section 11 (2) of the Assumption of the Office of Governor Act, 2019 omits the requirement of the gazettement of the Governor-elect before the swearing-in ceremony. There is need for an amendment of either or both of the Acts to minimize the risk of multiple interpretations. CONCLUSION The entire process of the Assumption of Office of the Governor in Kiambu County was successful due to the collaboration between the National Government and the County Government. This collaboration need to be embraced in all other engagements for purpose of ensuring seamless service delivery to the people of the great County of Kiambu. Dated the 23rd September, 2022 MARTIN NJOGU MBUGUA, Chairperson, Assumption of the Office of Governor Committee.