Governor Evans Kidero has refused to assent to a Bill that provides for the creation of the office of the county attorney.
He said it does not conform to established laws.
The Nairobi City County Office Of the County Attorney Bill, 2016 was passed by the assembly on November 24 last year.
The county attorney is the replica of the AG in the national government. The Bill states the attorney will be the chief legal advisor to the county government and will represent it in court and during any legal proceedings that the county is party to.
The attorney, will, under the bill, sit in the executive committee meetings as an ex-officio member, be responsible for the revision of county laws and liaise with the AG when the need arises.
On Tuesday, Kidero sent the proposed law back to to the assembly, expressing reservations on various provisions. “The governor avers that clause 4( 3 ) which provided that the county attorney will be appointed by the governor and with approval of the county assembly, fails to provide for competition and merit in appointment,” speaker Alex Magelo told the House.
He said Kidero also had reservations about Clause 19, which provides for the establishment of county solicitor.
Kidero said the clause violates the County Government Act, which gives the Public Service Board the powers to create such an office.
“The governor argues that designating the county solicitor as the accounting officer of the Office of the County Attorney is against provisions of Public Finance Management Act, which bestows the powers of designating accounting officers to Finance executive,” Magelo said.
The speaker has the powers to commit the bill, together with the governor’s memorandum, to the Legal Affairs Committee of the House.
