GAZETTE NOTICE NO. 12624

in accordance with the provisions of Section 18 of the Assumption of the Office of Governor Act, 2019. The section 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 (1). {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; (ili) 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 Committee comprised of the following members: 1. Nicodemus Mulaku, County Secretary —C) hairperson. 2. Clementina Omoto (Ms.), Chief Officer, Public Service and Administration — Secretary. 3. Allan Mabuka, County Assembly Clerk— Member. 4. Ahmed Omar (Dr.), County Commissioner— Member. 5. Rodgers Kapsiywo, County Intelligence Coordinator— Member. 6. Hon. Lucy Ambasi, Chief Magistrate — Member. 7. Hon. Justice (Emeritus) M. J. Anyara Emukule, County Attorney — Member. 8. Ezekiel Okwach (Dr.), Chief Office, Governor's Office— Member. 9. Roseline Lumbasi (Ms.), Ag. Director, Accounting Services— Member. 10. Maurice Odundoh, Chief Officer, Culture and Social Services— Member. 11. Nelly Tekerei (Ms.), Ministry of Devolution Representative — Member. 12.Maxwel Nyaema (HSC), County Police Commander— Member. 13.Redempta Madiro Oyeyo (Ms.), Governor's Nominee— Member. 14. Solomon A. Abwaku, Governor's Nominee— Member. Mandate The Committee’s terms of reference as set out under section 6(1) of the Act are as follows: 1. Facilitate the handing over process by the outgoing Governor to the Governor-elect. 2. Ensure and coordinate the provision of security services to the Governor-elect. 3. Put in place the necessary facilities and deploy the necessary personnel for the Governor-elect upon assumption of office. 4. Co-ordinate the briefings of the Governor-elect by the relevant County Public Officers including submission of the following information— (a) an up to date assets register; (b) an up to date register of liabilities: (c) a complete list of all bank accounts and reconciled balances; (d) a report of staff establishment per department; (e) a comprehensive report on County Entities or Corporations and Agencies containing information in (i) to (iv); (f) a report of all ongoing projects including donor funded projects; (g) an up to date report on all pending legal cases; and (h) county sources of funding. 5. Facilitate communication between the outgoing Governor and the Governor-elect. 6. Prepare the programme and organize for the swearing-in ceremony. 7. Prepare the oath and the certificate of inauguration; and 8. Carry out any other activity necessary for the performance of its functions under the Act and any written law. Methodology In order to implement its mandate, the Committee under the terms of reference and pursuant to section 7 of the Act established three (3) sub-committees, namely: 1. Finance and Projects Sub-Committee. 2. Legal and Human Resource (HR) Sub-Committee. 3. Logistics and Services Sub-Committee. Each sub-committee was mandated to co-opt two (2) persons whose knowledge and skills were necessary for effective functioning of the Sub-Committee. The members of the sub-committees were — (a) Legal and HR Sub-Committee. (1) Hon. Justice (Emeritus) M. J. Anyara Emukule— Chairperson. (2) Hon Lucy Ambasi— Member. (3) Clementina Omoto (Ms.)— Member. (4) Redempta Madiro Oyeyo (Ms.), Governor's Nominee — Member. (5) Solomon A. Abwaku, Governor's Nominee — Member. 14th October, 2022 (6) Gideon Magak Odieny —Co-opted Member. (7) Rodgers Sekwe—Co-opted Member. (b) Finance and Projects Sub-Committee. (1) Roselyne Lumbasi (Ms.)— Chairperson. (2) Allan Mabuka— Member. (3) Nelly Tekerei (Ms.)— Member. (4) Redempta Madiro Oyeyo (Ms.), Governor’s Nominee — Member. (5) Edward Okoth—Co-opted Member. (c) Logistics and Services. (1) Ezekiel Otieno Okwach (Dr.)—Chairperson. (2) Joe Maurice Odundoh— Member. (3) Rodgers Kapsiywo— Member. (4) Ahmed Omar (Dr.)— Member. (5) Maxwell Nyaema— Member. (6) Solomon Abwaku— Governor's Nominee. (7) Redempta Oyeyo (Ms.)— Governor’ Nominee. (8) Grace Apaadet (Ms.)— Co-opted Member. (9) Winston Wafula Mbanda— Secretary —Co-opted Member. Roles of the Sub-Committees The Committee identified and shared its roles and responsibilities to be carried out as follows: (a) Legal and HR Sub-Committee. (1) Preparation of the confidentiality agreement, the oath and certificate of inauguration. (2) Identifying and reserving the instruments of power and authority for the purpose of handing over by the outgoing Governor to the Governor-elect. (3) Report on Staff Establishment per Department. (4) Report on County Entities, Corporations and Agencies. (5) Report on Pending Litigation. (6) Preparation of the notice to be published in the Kenya Gazette on the date, time and place for conduct of the swearing-in ceremony as per section 11 (1) of the Assumption of the Office of Governor Act, 2019. (b) Finance and Projects. (1) Preparation of an up to date assets register. (2) Preparation of an up- to -date list of liabilities. (3) Preparation of a complete list of all bank accounts and reconciled balances. (4) Preparation of a comprehensive report on County entities or corporations and agencies. (5) Compilation of reports of all ongoing projects including donor funded projects. (6) Identification of County source of funding. (c) Logistics and Services. Co-ordination and preparation for the swearing-in ceremony. Among the activities carried out included: (a) Security. (b) Catering. (c) Transportation. (d) Venue set up. (e) Publicity and Communication. i) Entertainment. Activities of the Committee (a) Legal and Human Resource (HR) (1) Preparation of the Confidentiality Agreement, the Oath and Certificate of Inauguration. The Committee prepared and adopted the confidentiality agreement which was signed by members of the Committee and the Sub-Committees. The Committee in consultation with the Judiciary represented by Hon. Lucy Ambasi developed the Oath of Office together with the Certificate of Inauguration. Copies of Confidentiality Agreement, Oath of Office and Certificate of Inauguration are attached as Annex (A). (2) Identifying and reserving the Instruments of Power and Authority for the purpose of handing over by the outgoing Governor to the Governor-elect. The Committee identified and reserved the Instruments of Power as provided under Section 13(1) of the Act as follows— (a) The County flag: (b) The County Coat of Arms; (c) The Constitution; and (d) The County Public Seal. wy The Committee noted that Busia County Government did not have a registered Coat of Arms with the College of Arms. However, the process had been initiated and not finalized. The Committee therefore availed the County Logo in place of the Coat of Arms for the purpose of handing over. (3) Report on Staff Establishment per Department The Committee requested in writing all the County.;Departments including the Office of the County Attorney for reports in the format prescribed under paragraph 4 of the Second Schedules which were received. Copies of a summary of staff establishment is attached as Annex (B). (4) Report on County Entities, Corporations and Agencies Likewise, the Committee requested in writing all Departments to provide a comprehensive report on County Entities, Corporations and Agencies as prescribed in paragraph 5 of the Second Schedule. Copies of summary of Reports on County Entities, Corporations and Agencies attached as Annex (C). (5) Report of Pending Litigation The Office of the County Attorney and County Assembly submitted to the Committee a summary of all the pending cases where the County Government of Busia is a party in the format as prescribed under Paragraph 7 of the Second Schedule. Copies of summary reports on pending litigation is attached as Annex (D), Preparation of the notice to be published in Kenya Gazette on the date. time and place for conduct of the swearing-in ceremony as per section 11 (1) of the assumption of the Office of the Governor Act. (a) Swearing-in Ceremony The Committee prepared and published in the Kenya Gazette Notice on the date, time and place for Swearing-in Ceremony of the Goveror-elect as provided under Section 11(1) and (2) of the Act. The Swearing-in Ceremony took place on 25th August, 2022 at Busia County Stadium, being the first Thursday after the tenth day following ‘the declaration of the final results of election of County Governor by the IEBC. The Oath of Office was administered by Hon. Mr. J. P. Otieno, Judge of the High Court and witnessed by Hon. Lucy Ambasi, Chief Magistrate, Busia Law Courts. In addition, the in- coming Governor H.E. Dr. Paul Nyongesa Otuoma signed the Certificate of Inauguration and the Commitment to the Leadership and Integrity Code in accordance with the Leadership and Integrity Act. The Deputy Governor H.E Arthur Papa Odera took the Oath of Office and signed Commitment to the Leadership and Integrity Code. Thereafter, the Out-going Governor, H.E. Sospeter Odeke Ojaamong handed over the Instruments of Power to the Governor to signify transfer of Authority. The ceremony was attended by over 6000 members of the public and invited guests. Amongst them were Members of Parliament, members of Diplomatic Corps, Members of the County Assembly, Senior National and County Government Officials, Members of the Judiciary, Business Leaders and Council of Elders. Copies of the Gazette Notice on the Swearing-in Ceremony of the Governor-elect is attached as Annex (E). (a) Logistics and Services (1) Budget Preparation The Committee developed a proposed budget which was subjected to professional procurement process. The proposed budget was Kshs. 20,361,800 while the actual expenditure was Kshs. 19,859,390, attached Annexes (F) and (G). (2) Communication and Publicity + , The Committee publicized the Swearing-in event on KTN TV, Busia Border FM, Western Nyota FM and social media. Three radio stations were engaged to offer live radio coverage of the Swearing-in Ceremony. ‘The stations were; Busia Border FM, Western Nyota FM and Emuria FM. KN was also engaged to provide live TV coverage of the event. . Reporters from other media houses also covered the event. Below'are some of the links that published the stories. https://www kenyans.co.ke/news/78858-eacc-calls-out-ntv- panelist-over-comments-live-tv https://www youtube .com/Avatch?v=ARdQ6Lfr3vc https://www standardmodia.co.ke/western/article/2001454067/mul embe-governors-plegde-unity-to-keep-promises-as-they-take-reins hitps://www.youtube.com/watch ?v=JRftgRFIxbl (3) Speech writing The Committee prepared two sets of speeches, one for the out- going governor and.another for in-coming Governor. A total of 5,000 copies were printed and distributed. h (4) Invitation cards The Committee printed seven hundred (700) invitation cards for the V VEPs and VIPs. (5) Event management The Committee procured services of event management firm to cater for approximately 6000 people. This included provision of dome tent, a holding room, seats, public address, mobile toilets and meals. The event took place at the Busia County Stadium as per the Gazettement. (6) Entertainment A total of 14 groups were invited to perform at the ceremony. Groups were ferried from their respective Sub-Counties by School buses fueled by the County Government. Performance was good, but due to tight programme, time allocated was limited. (7) Security The Committee procured adequate security personne! drawn from the National Police Service and other security agencies including enforcement officers from the County Goverment. (b) Finance And Projects The Committee received and compiled the following reports from the Finance and Projects Sub-Committee. (1) An up to date assets register attached as (Annex H — Board of Survey Report as at 30" June, 2022.) (2) An up to date liabilities attached as (Annex I — (a) Summary and (b) detailed report of pending bills as at 30th June, 2022). (3) A complete list of all bank accounts and reconciled balances attached as Annex J — (a), (b), (c) and (d). (4) A comprehensive report on County Entities or Corporations and Agencies attached as Annex K — Folder containing all County Entities with respective related reports. (5) A report of all on-going projects including donor funded Projects attached as Annex L - (a) and (b). (6) County source of Funding for the Preceding Five Financial Years attached as Annex M. Observations The Committee had the following observations: 1. The registration process of the Coat of Arms was yet to be finalized. 2. The transfer of subscription shares and directorship of BUWASCO from private individuals to the County Govemment was in process. 3. There was disparity between the Departments and the County Public Service Board records on authorized staff establishment. 4. Majority of pending litigation relate to breach of contracts by the County Government and land disputes. 5. County Entities and Corporations namely; Busia and Malaba Municipalities, Busia Water and Sewerage Company and Agricultural Training Centre (ATC) were not fully functional as requited under the law. 6. The County Government had not carried out valuation exercise of its assets. Recommendations 1. The County Government should complete registration of the Coat of Arms. 2. The County Public Service Board should update records of authorized staff establishment. 3. The County Government should ensure that ail the public land is titled. 4. The County Departments should involve fhe Olifice of the County Attorney as by law required in drawing-ap.opntracts for acquisition of land, leases or other contracts. 5. The County Entities and Corporations seeald be fully Operationalized and where necessary restructured 40. enable them discharge their functions. 6. 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