GAZETTE NOTICE NO. 12784

in accordance with the provisions of section 18 of the Assumption of the office of Governor Act, 2019 as mandated by the provisions of Article 189 (2) of the Constitution of Kenya, section 121 (1) of the County Governments Act, 2012 and section 23 of the Intergovernmental Relations Act, 2012. It covers the period between September, 2017 to September, 2022. It provides that: (a) The Committee shall, within a period of one month from the date of the swearing-in of the County Governor-elect, cause to be prepared a report on the affairs of the Committee. (b) The Committee shall submit to the respective County Assembly the report prepared under subsection (a). (c) The report shall contain, in respect of the assumption of office by the county Governor-elect under this Act— (i) the financial statements of the Committee; (ii) a description of the activities of the Committee; (iii) such other statistical information as the Committee considers appropriate relating to its mandate; and (iv) any other information relating to its functions that the Committee considers necessary. (d) The Committee shall cause the report to be published in the Gazette and in such other manner as the Committee may determine. Committee Membership The Assumption of the Office of Governor Committee was formed pursuant to the provisions of section 5 of the Act. The Membership of the Assumption of the office of the Governor Committee comprised of: Name Designation Membership Joab Tumbo County Secretary Chairperson John Otieno County Commissioner Member Stephen Matu County Police Commander (CPC) Member Henry Rotich County Intelligence Co- ordinator (CIC) Member Winfred. K. Kithinji (Dr.) Governor-elect, Nominee Member Noah Akala Oduwo (Dr.) Governor-elect, Nominee Member Martha Mutuku Chief Magistrate, Mombasa Member Ilhan Abass County Chief Officer, Devolution and Public Service Administration Secretary Jimmy Waliaula County Attorney Member Asha Abdi County Chief Officer, Finance and Economic Planning Member Aisha Abubakar County Chief Officer, Culture and Social Services Member Anwar Ahmed County Chief Officer, ICT Member Salim Juma Clerk of the County Assembly Member Susan Karanja Ministry of Devolution Representative Member Confidentiality Agreements Pursuant to the provisions of section 20 (4) of the Act, every member and staff assigned to the committee signed a confidentiality agreement. Legal Basis of Committee The Assumption of the Office of Governor Committee (AOOGC) was established on the 8th July, 2022, following the start of the transition period, pursuant to Article 180 (1), (5) and (6) of the Constitution of Kenya, 2010, section 30 (1) of the County Government Act, 2012. Mandate of the Committee The functions of the Committee are to— (a) facilitate the handing over process by the outgoing Governor to the Governor-elect; (b) co-ordinate the provision of the security of the Governor- Elect; (c) co-ordinate the provision of the necessary facilities and personnel for the Governor-elect; (d) co-ordinate the briefings of the Governor-elect by the relevant county public officers. Such briefings included the following: 7886 7886 (i) an up-to-date Asset Register. (ii) an up-to-date register of pending bills/liabilities. (iii) a complete list of all bank accounts and reconciled balances. (iv) a report of staff establishment per department. (v) a comprehensive report on county entities (corporations) and agencies containing information outlined in (i) to (iv) above. (vi) a report on all ongoing projects including donor funded projects. (vii) an up-to-date report on all pending legal cases. (e) facilitate communication between the outgoing Governor and the Governor-elect; (f) prepare the programme and organize for the swearing-in ceremony; and (g) carry out any other activity necessary for the performance of its functions under the Act. Terms of Reference of the Committee The Committee was constituted pursuant to the provisions of the Assumption of Office of the Governor Act, 2019. The County Secretary being the Chairman of Assumption of the Office of Governor notified the members on the establishment of Assumption of the Office of Governor Committee following the start of the transition period on 8th July, 2022. The terms of reference of the committee is to facilitate the handing over by the outgoing Governor and the swearing in of the Governor- elect and Deputy Governor-elect as provided in Section 6 of the Assumption of the Office of Governor Act, 2019. The 1st meeting of the committee was conducted at the Governor’s Office Boardroom on the 8th July, 2022. Agenda of the First Meeting (i) Prayer (ii) Introduction (iii) Chairman’s Opening Remarks (iv) Overview of the Assumptions of the Office of the Governor Act 2019. (v) Signing of the Confidentiality Agreement (vi) Formation of Sub Committees (vii) Schedule of Activities/Subsequent meetings (viii) Development of Committee Action Plan (ix) A.O.B Methodology In order to effectively deliver on its mandate as per the terms of reference and pursuant to Section 7 of the Act the Assumption committee formed (4) four sub-committees namely: (i) Finance Sub-committee (ii) Inauguration Sub-committee (iii) Security Sub-committee (iv) Administration Sub-committee Finance Sub-committee This committee was expected to: (i) Guide budgeting and procurement process for the Adhoc and Sub-committee. (ii) Compile finance subcommittee report. (iii) Prepare county assets and liabilities register. (iv) Prepare project status report. (v) Prepare county staff establishment report. (vi) Prepare county litigation report. (vii) Prepare county sources of revenue report. (viii) Prepare summary of county entities and corporations. (ix) Prepare list of bank accounts and reconciled balances. Inauguration Sub-committee This committee was tasked to: (i) Prepared swearing in documents. (ii) Co-ordinate the gazettement of swearing-in ceremony. (iii) Suggest and identify the swearing-in venue. (iv) Assemble the instruments of power. (v) Work on logistics for swearing-in ceremony. (vi) Prepare the swearing in program and invites. Security Sub-committee This committee was tasked to: (i) Organize and co-ordinate security services. (ii) Organize for the security of the Governor, Governor elect and the Deputy Governor elect immediately the results are announced. (iii) Provide and co-ordinate security during swearing-in ceremony. (iv) Manage traffic of both human and vehicles during the swearing-in ceremony. Administration Sub-committee This committee was tasked to: (i) Prepare media coverage for the swearing-in ceremony. (ii) Confirm invitation list. (iii) Test all equipment for public address. (iv) Review the Governor’s inauguration speech in liaison with the Governor-elect nominees. (v) Ensure beautification and cleanliness of the inauguration venue. (vi) Co-ordinate with media house and ensure proper coverage of the event. (vii) Give advice/direction on any communication issues. (viii) Mark and identify best location for media. (ix) Co-ordinate notice/gazettement of date, venue and the time of swearing-in the Governor-elect and the Deputy Governor-elect. (x) Provide logistical support to all other sub-committees. Upon establishment of the relevant sub committees and schedule of activities the following members were then co-opted. Name Designation Membership James Lelia CCIO Co-opted Mark Ndiema EACC Co-opted Michael Naro CIPU Co-opted Solomon Mutiso CSIC – Secretariat Co-opted Richard Abiero Director, Audit Co-opted Wekesa Simiyu Director, Administration, Secretariat Co-opted Pauline Mwami Office of the County Secretary, Secretariat Co-opted Martin Achar Director, Administration, Office of the CS Co-opted Report on Inauguration DECLARATION OF RESULTS AND DATE OF SWEARING-IN CEREMONY OF COUNTY GOVERNOR-ELECT AND DEPUTY GOVERNOR-ELECT The day of the swearing-in of the County Governor-elect and Deputy Governor-elect is provided for under section 11(2) of the Act as the first Thursday after the tenth day following the declaration of the final results of the County Governor. The gubernatorial election 21st October, 2022 THE KENYA GAZETTE having been conducted on 29th August, 2022 and the final result declared on 30th August, 2022, the Committee scheduled the swearing-in ceremony for 15th September, 2022. The Committee thereafter gazetted the date, time and place of the inauguration ceremony vide Gazette Notice Number 10681 published on 2nd September, 2022 in gazette Vol. CXXIV – No. 176. Pursuant to the provisions of Section 11(3) of the Act, the swearing-in ceremony of the County Governor is to be conducted in a public place before a High Court Judge. The Judiciary appointed a High Court Judge Justice George Dulu for purposes of swearing-in the Governor-elect and Deputy Governor-elect. The Governor-elect His Excellency Abdulswamad Sherrif Nassir and the Deputy Governor-elect His Excellency Francis Thoya Foleni were sworn in office on 15th September, 2022 at Mama Ngina Water Front. Report on Staff Establishment The Human Resource information of the County Government of Mombasa is derived from an up-to-date personnel records in conformity with the provisions of the Constitution of Kenya (2010), County Government, Act 2012, Public Service (Values and Principles) Act, 2015 and the other legislation and guidelines issued from time to time on Human Resource Management (HRM) in the Public Service. The outline of County of Mombasa staffing in the light of gender, age, ethnicity compliance, education qualification, job placement and disability distribution is shown in Table 5 of the Annex in the detailed report. Wage Bill An analysis of the wage bill indicates that the wage bill that an increase personnel expenditure. This is due to salary review which increased salaries of county public service officials. There was also CBA of health workers which needed to be implemented. The current wage bill stands at KSh 473,603,858.60 monthly payment which is inclusive of employer contribution towards NSSF and various pensions schemes Ksh 29,657,958.60. The annual wage bill of KSh. 5,683,246,303.20 and payment towards statutory obligations and various pensions’ schemes amounting to KSh. 355,895,503.20. as indicated in Table 13 of the Annex of the detailed report. Ongoing/Multi-Year Projects All on-going projects in County of Mombasa as at 30th June, 2022 are in the combined projects document as indicated in Annex No. 3 of the detailed report Legal Pending Litigations The County Government of Mombasa has 334 pending litigation cases in court from FY2017 to 2022. Cumulative cases on litigation pre 2017 stand at 1,333. The number of cases handled and the status of litigation are shown in Table 13 of the detailed Report. Report on County Assets The Committee received a summary of assets currently held by the County Government of Mombasa was derived from an up-to-date asset register and in conformity with the provisions of the Public Finance Management Act, 2012, Public Finance Management (County Government) Regulations, 2015, Guidelines issued by the Public Sector Accounting Standards Board, Public Procurement and Asset Disposal Act, 2015 and the Public Procurement Regulations, 2020. The aggregate summary of all categories of assets held by the various departments of the County Executive County Government of Mombasa as at the 30th June, 2022. The assets include those inherited from the defunct local authorities, those transferred from the National Government and those acquired by the County Government since 2013 including all assets that have disputes or outstanding unresolved matters as indicated in table 1 of the Annex of the detailed report. County Government of Mombasa Entities, Corporations and Agencies The County Government of Mombasa has four Operational Agencies either partially or wholly owned by the County Government. These are: Directorate of Liquor Control and Licencing, Mombasa Water Supply Sanitation Company, Elimu Fund and the County of Mombasa Consolidated Revolving Fund. Additional information about these agencies is presented in Table 12 of the detailed report. Liabilities The Committee outlines a summary of liabilities currently owed by the county government derived from an up to date schedule of liabilities in table 2 of the detailed report and supporting documents are available for scrutiny. Challenges Postponement of the gubernatorial elections which led to re- planning of the committee’s activities. Delay in funds disbursement for the committee operations which caused a delay in the procurement of goods and services for the swearing-in ceremony. Delayed verification of assets and liabilities reports due to unavoidable circumstances. Lessons Learnt Need for a legal framework to guide costing of inauguration expenditure which takes into account the dynamics of rural/ urban setup, population and any other component that ensure equitable share of resources. RECOMMENDATIONS The Committee recommends the following: 1. Currently, the County Government of Mombasa’s wage bill is above the 35 percent requirement in line with the Fiscal responsibility principles, due to inheritance of staff from the defunct local authority and devolved staff from the national government. The county should undertake a staff a rationalization exercise, with a view to increasing productivity, while it explores on long-term strategic solutions to manage the soaring wage bill. 2. There is a need for budget provision for the Assumption of the Office of Governor Committee in the financial year before general elections take place for purpose of smooth operations and transition. 3. The state department of devolution in collaboration with IGRTC alongside other stakeholders need to move with speed on the exercise of verification and validation and subsequent presentation of their recommendations to county governments to settle the issue of pending bills. 4. The city counties to revive discussions on city financing, a special allocation to address unique challenges faced by these counties notably bloated wage bill, pending bills, waste management, city infrastructure among others. 5. The county government to push for revision of the current revenue allocation formula to include new parameters that will take into account the floating population, the urban index and the blue economy sector. 6. While there is an upward trajectory in own source revenue collection the County Government of Mombasa needs to develop a long-term resource mobilization strategy, with a view to realizing its full potential. This will enable the County meet its operational and development expenditures while reducing over reliance on the equitable share from the National Government. 7. The County of Mombasa being a port city needs to revive negotiations with Kenya Ports Authority on having a stake at the Port. 8. The County Government of Mombasa needs to develop a framework on how to get a share of revenue from undersea fibre cable providers. Dated the 17th October, 2022. J. TUMBO, County Secretary/Chairperson, MR/4300190 Assumption of the Office of Governor Committee.