Senate proposes end to unlimited chief officer appointments by governors

Governors may soon be barred from appointing an unlimited number of chief officers if new legislative changes proposed by a Senate committee are adopted.

The Senate Devolution and Intergovernmental Relations Committee has recommended changes to the County Governments Act, 2012, to set a clear limit on how many chief officers county governments can employ.

The move is intended to stop the growing trend of over-hiring, which has led to high wage bills and strained county budgets.

In a report recently tabled in the Senate, the committee calls for an amendment to the law to introduce both a minimum and a maximum number of chief officers that can be appointed per county.

“The committee recommends an amendment of the County Governments Act, 2012, to provide for the maximum and the minimum number of county chief officers to be appointed in any county government,” the report states.

Led by Wajir Senator Mohamed Abass, the committee proposes that the number of chief officers be capped at a minimum of 14 and a maximum of 22.

These officers are the accounting heads of county departments and play a role similar to that of principal secretaries in the national government.

This recommendation comes in the wake of revelations that some governors have been taking advantage of the lack of legal limits to appoint up to 30 chief officers, pushing wage costs to unsustainable levels.

The report warns that this unchecked hiring is expanding county bureaucracies unnecessarily and eating into resources meant for development and service delivery.

The committee also wants timelines introduced for appointing both County Executive Committee (CEC) members and chief officers once a vacancy occurs.

This is meant to address the ongoing leadership gaps that have affected financial oversight and the smooth running of key departments.

Currently, Section 45(1) of the County Governments Act requires that a governor nominate a chief officer within 14 days of a vacancy.

The process should follow competitive recruitment by the County Public Service Board and be approved by the county assembly. However, enforcement has remained weak, with some counties going months without filling critical leadership positions.

These proposals are part of a wider inquiry into governance failures in Garissa County, where the Senate committee was investigating reports of poor financial management and delayed appointments to key positions.

In Garissa, Governor Nathif Jama appointed 30 chief officers, the highest number on record, even as the Senate was reviewing the matter.

“The county government has since appointed a total of 30 chief officers, while the county executive committee members are 10 in number,” the report notes.

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The committee warns that such a high number of appointments puts counties under unnecessary financial pressure, particularly those struggling with low revenue and rising debt.

“The huge number of county chief officers places an unsustainable burden on the county’s wage bill,” the committee observed.

While governors have often argued that they need flexibility to design their county governments as they see fit, the Senate insists that stricter oversight is necessary.

With counties facing growing concerns over wasteful spending, poor fiscal discipline and low investment in development, lawmakers believe tighter controls on staffing are urgent.

If the proposed amendments are passed, they could help streamline operations in counties, reduce duplication, and free up more funds for public services and development projects.