Subject: Motion to rescind decision of the County Assembly

THAT, aware that Section 13 of the County Governments Act, 2012 as read together with Section 11 of the County Assembly Services Act, 2017 establishes the County Assembly Service Board whose functions amongst others is to constitute offices in the County Assembly service, appoint and supervise office holders, and determine and review the terms and conditions of service of persons holding or acting in the offices of the Service; NOTING that on 26th October, 2021 at 2.30 pm, this County Assembly adopted the sixth Report of the Sectoral Committee on Justice and Legal Affairs whose recommendations as worded had a net effect of demoting and/or sacking several officers of the County Assembly Service; OBSERVING that in demoting and sacking the Officers, the County Assembly usurped the powers of the Service Board and also denied the affected officers the right to fair administrative action guaranteed under Article 47 of the Constitution. COGNIZANT, that under the established commonwealth parliamentary practice and procedure, legislatures are bound not to discuss on the floor of parliaments matters affecting staff of parliament which matters should be handled by the administrative bodies governing parliaments. APPRECIATING, that in adopting the aforesaid Report of the Sectoral Committee on Justice and Legal Affairs, the Assembly erred both in law and established parliamentary practice; NOW THEREFORE, pursuant to Standing Order 53 (2), this Assembly RESOLVES to RESCIND its decision taken on 26th October, 2021 at 2.30 pm adopting the Sixth Report of the Sectoral Committee on Justice and Legal Affairs and the said report be expunged from the records of the County Assembly.  
Notice of Motion 12th April, 2022
Mover Hon. Peter Imwatok
Seconder Hon. Mbugua Kabiro
Division None
Dates Debated and/or Concluded 12th July, 2022
Remarks Motion Passed
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