Robert Alai questions why Sakaja’s acting County Secretary has overstayed
Kileleshwa County Assembly member Robert Alai has questioned the legality of the Nairobi County Secretary performing county duties despite being in an acting capacity for over six months.
The County Secretary is the Head of the County Civil Service and also the Secretary to the County Executive Committee.
As Head of the Public Service, the incumbent is responsible for the coordination and smooth running of all county departments.
In a statement to the Assembly’s Sectoral Committee on Labour and Social Welfare, Mr Alai said Section 34 of the Public Service Commission Act 2023 is very clear on the length of time an officer should serve in an acting capacity.
“The Act states that an officer may be appointed in an acting capacity for a period of not less than 30 days but not more than a period of months,” Alai’s statement reads.
In April last year, Nairobi Governor Johnson Sakaja appointed Mr Patrick Analo as acting County Secretary after the appointment of Dr Jairus Musumba to the post was rejected.
Since then, Mr Analo, who is also the Chief Officer for Urban Development and Planning, has been performing his duties as the County Secretary for more than six months.
Mr Alai reiterated that Section 10 of the Public Appointments (County Assemblies Approval) Act, 2017, states what should be done when the appointing authority fails to approve an officer who has been in an acting position for more than six months.
“If the nomination of a candidate is rejected by the assembly, the appointing authority may submit the name of another candidate to the appropriate house and the approval procedure set out in this Act shall apply accordingly,” reads Section 10 of the Public Appointments Act.
He wants the sectoral committee to inquire and report on whether the county executive has complied with the provisions of Section 34 of the Public Service Commission Act, 2023, and to report on the period for which an officer can be appointed in an acting capacity.
The County Representative also wants the Sectoral Committee to report on the plans of the appointing authority to nominate for the approval of the County Assembly a suitable person for appointment as County Secretary in accordance with the provisions of Section 10 of the Public Appointments Act.