The embattled Garissa County Executive Committee Member for finance Abdihakim Sheikh Dayib.
It’s a reprieve for the embattled Garissa County Executive Committee Member for finance after the high court blocked the intended impeachment motion against him.
Garissa High Court issued temporary orders restraining the Garissa County Assembly from discussing impeachment motion dated 30of the Officer for finance Abdihakim Sheikh Dayib.
Justice George Dulu ordered the Assembly Members on Tuesday not to debate the conduct of the finance (CEC) until the inter-party hearing on October 14.
This is after the secretary of Garissa County Economic Forum Mohamed Khalif Nunde moved to court seeking orders restraining the County Assembly from debating the motion to impeach the County Executive committee Member of Finance Mr. Abdihakim Sheikh Dayib.
Through their lawyer Paul Mugwe, the complainant claim that if motion dated 30, September 2015 is not stopped it would result in the county not meeting crucial deadlines in the preparation of the annual budget and presentation of the annual financial bill.
The motion proposes to the governor to dismiss Mr Abdihakim Sheikh Dayib from the position of County Executive Committee for finance.
“The dismissal of the finance officer of the county at this time is a violation of the constitution principal of the separation of powers” said Khalif.
Judge Dulu barred the discussions on the impeachment as the finance until the matter is heard on 14 of October pending the hearing and determination of the matter..
The petitioners claim that the working relationship between the assembly and the executive will be frosty particularly budgetary process and approval.
Mugwe argued that the motion to propose to the governor to remove Dayib from his position at this time is a violation of the constitutional principal of separation of powers.
“It is aimed at ‘crippling’ the Budget formulation process and the drafting of the annual financial act,” said Mugwe. He wanted the court to stop the County Assembly from discussing the said motion.
He added that the motion threatens the right of public participation and the County executive Committee member for finance is supposed to ensure that the public is being involved in the Budget making process.
According to him, the county executive committee member for finance is currently out of the country and that the motion was issued on September 30, 2015 while he was away.
Mugwe added that the process of appointment of a County Executive committee member for finance requires the selection of a candidate who has the expertise in the matters of finance and administration.
He claims that the selection must be approved by the County Assembly and it takes approximately two months to recruit a County Executive Member. The case will be heard on date 14 this month.
The case came after the embattled Garissa Governor failed to convince the MCA’s to drop the impeachment motion against his finance executive committee member.
Source within the county revealed to us the governor threw a dinner for the MCA’s on Monday in an attempt to convince them to drop their impeachment motion.
The meeting is said to have ended in disarray at 11:30 Pm after the governors bid to convince the county Assembly Member went futile which influenced the decision to file a case in court to block the process.
The matter is heard on 14 of October for further directions.