CIC: Governors have power to reshuffle county executive members

The Commission on the Implementation of the Constitution (CIC) has said governors have the constitutional power to sack or transfer members of their cabinet without seeking approval from county assemblies.

But CIC warned that these powers are not unlimited when it comes to Cabinet reshuffle because governors must adhere to Section 35 (3) (d) of the County Government Act.

Relevant experience

"It requires in the rotation/reshuffle they consider the knowledge, experience and whether the candidate has had a distinguished career of not less than five years in the field relevant to the portfolio of the department to which the person is being appointed," said CIC Deputy Chairperson Elizabeth Muli.

Additionally, she said governors seeking to make changes to their cabinet must also adhere to Section 30 (2) (1) which requires that County Executive Committee portfolio assignments are communicated through a county gazette notice.

She was responding to questions over the dispute between Taita Taveta Governor John Mruttu and the local assembly over his recent cabinet reshuffle.

The assembly has opposed the changes, arguing the governor has no power to transfer his cabinet members to portfolios for which they were not vetted.

Following the dispute, Mruttu wrote to CIC seeking an opinion.

In the letter, CIC said Mruttu has executive authority to reconstitute his administration.

"Rotation/reshuffling is an administrative action and is exercised further to the power and functions vested in the governor based on the cited Constitutional and Statutory provisions," said Dr Muli.

"The Governor is responsible for the overall organisation of the executive and the allocation of functions among the CEC (County Executive Committee) members in charge of the various departments in the county," she said.

CIC's clarification comes after the Taita-Taveta County Assembly passed a motion last year to reject changes made by the governor which 10 county executive committee members were moved and some departments merged.

Rotate members

The governor immediately wrote to CIC: "I have recently announced my intention to reconstitute my executive portfolios and rotated members of the executive committee which seems not to have gone down well with members of the county assembly," said the letter addressed to CIC Chairman Charles Nyachae on December 24 last year.

Mruttu further wrote: Kindly but urgently guide me on whether the County Governor by virtue of Sections 30 (2) (e) and 31 (d) of the County Government Act, 2013 can reconstitute and rotate members of the County Executive," said the letter  addressed to CIC Chairman Charles Nyachae on December 24 last year."

In the letter Mruttu further sought guidance on the extent of application of these provisions for the proper and most effective manner of discharging a governor's duties under the said Act.

When he made the changes Taita Taveta County Assembly Speaker Maghanga Meshack Maghanga argued that there is no legal provision for reconstitution (reshuffle) of the County Executive Committee Members.

"The governor recently constituted the executive where various CEC were re-assigned to other departments whose portfolios were not the ones that they were vetted and approved by the County Assembly," said the speaker in his letter to the governor dated December 23 last year.

"The governor can only remove a county executive member using the County Government Act, 2012, Section 40, but there is no legal provision for reshuffling," said the speaker.