40 governors are on the spot for defying constitutional requirements in their choice of new cabinet members.
According to the legal experts, the affected county cabinets would have to be reconstituted and all the appointees vetted by the Ethics and Anti Corruption Commission (EACC).
EACC highlighted that governors of Garissa, Mandera, Marsabit, Kiambu, Vihiga, Kericho, and Nairobi are the only ones who complied with the legal requirement in appointing their cabinet.
The other 40 counties appointed their county executive committee members without ensuring they had clearance on financial probity, corruption, criminal conduct and tax compliance.
[caption caption="EACC Chairman Eliud Wabukala "]
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EACC director of legal services, David Too, noted that the counties disregarded Section 12A of the Leadership and Integrity Act, 2012, which requires all persons seeking public office uphold high standard of integrity and ethical conduct while disregarding public duty.
“The Commission notes with great concern that the nomination and appointment of CECMs in 40 county governments did not comply and therefore fall short of the requirements of Chapter Six of the Constitution,” noted a letter drafted to the affected counties.
"It is incumbent upon the county assemblies to demand an integrity report from EACC on all candidates for such positions for purposes of vetting. If that wasn't done, those candidates didn't meet the threshold for appointment. They must be removed from office and vetted afresh," mentioned lawyer Mugambi Imanyara.
Another legal mind, lawyer Charles Benedict, applauded the EACC for raising the alarm, noting that it had a constitutional duty to enforce ethical and moral standards in the country.
A section of the affected governors who were displeased with EACC's action have dismissed the letter, arguing that the names of the proposed nominees were sent to the body before they were appointed.
[caption caption="DP William Ruto and Meru Governor Kiraitu Murungi"]
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“That is misleading. EACC clearance was part of the basic requirements before our CECMs were shortlisted for interviews,” noted Laikipia Governor Ndiritu Muriithi.
In his defense, Meru Governor Kiraitu Murungi stated that his administration sent the list of its nominees to EACC before the appointments were announced.
