Who gave me CDF board post? I haven’t seen letter, says Dida

[Ab-Titchaz]

Afro-Cinema continues from Nairobi. Kuna mtu anadanganya hapa...


Who gave me CDF board post? I haven’t seen letter, says Dida

By JOHN NGIRACHU

[h=3]In Summary
[/h]

• Mr Dida was named chairman of the board up to September 9, 2014 in a special gazette notice dated December 31 and signed by President Kenyatta.
• Mr Lessonet (Eldama Ravine, URP) said the board was hamstrung because Mr Dida’s appointment also came with the revocation of the appointment of Ms Jennifer Nafula Barasa.

Mr Mohammed Abduba Dida is not aware of his appointment as chairman of the Constituency Development Fund Board, he told the Nation on Tuesday evening.


“Who appointed me?” he asked when contacted. “I saw it in the papers like any other Kenyan but I haven’t received a letter from anyone.”

Mr Dida was named chairman of the board up to September 9, 2014 in a special gazette notice dated December 31 and signed by President Kenyatta.

But when contacted by the Nation last evening, he was not convinced that this was true and said he would have been more comfortable to speak about the matter once he saw official communication.

“As far as I’m concerned, I’m out of Nairobi for my business and it would be better if I responded after seeing the document or any letter about my appointment. That would be more professional,” he said.

According to chairman of the CDF committee in the National Assembly Moses Lessonet, the appointment of Mr Dida could affect the disbursement of funds to constituencies.

Mr Lessonet (Eldama Ravine, URP) said the board was hamstrung because Mr Dida’s appointment also came with the revocation of the appointment of Ms Jennifer Nafula Barasa.

With the chief executive officer in an acting capacity and the previous chair of the board not in office, he said it would not be possible to have the funds disbursed as the board is needed to approve it.

“The government should follow the law in the appointment of the CDF Board chairman,” he said. The lawmaker said Sh2 million had been disbursed to constituencies since the MPs took the Christmas break.

The board has also approved projects in 110 constituencies and the disbursements cannot be made without a board to oversee that.
“We just want the President to forward Dida’s name to the National Assembly so that the approval of MPs can be sought,” said Mr Lessonet.

The appointment of Mr Dida has been criticised by MPs, with Mr John Mbadi (Suba, ODM) and Mr Nicolas Gumbo (Rarieda, ODM) describing him as a comedian unfit to hold that office.

Mr Dida offered some comic relief when he contested the presidency last year, although he ended up fifth at the polls.

The teacher-turned-businessman, however, became popular for his nuggets of wisdom couched in comical statements.

According to the CDF Act, though, the chairman of the CDF Board should be appointed by Devolution and Planning Cabinet Secretary, and not the President.

This is not the first time President Kenyatta is making an appointment contrary to the law. He did the same when he appointed Mr John Mututho chairman of National Authority for the Campaign Against Drug Abuse and was forced to revoke it.

Mr Mututho was later re-nominated, vetted, cleared and appointed.

Who gave me CDF board post? I haven

 

[Ab-Titchaz]

The TRUTH is, Mohammed Abduba Dida appointments as Chair of CDF are:

1) He was first appointed by CS Waiguru on 24th December 2013,
2) then appointed again by President Uhuru on 31st December,
3) But on 3rd January 2014, CS Waiguru revoked her gazette notice

The respective gazette notices are below:

My interpretation is Uhuru's appointment stands, and it is what MPs have declared illegal.

 

[Ab-Titchaz]

Mystery of Abduba Dida's double appointment

By GEOFFREY MOSOKU and JAMES MBAKA

Kenya: It is now emerging that President Uhuru Kenyatta and Devolution Cabinet Secretary Anne Waiguru made parallel appointments of Abduba Dida as the chairman of the Constituencies Development Fund.


Following the appointed of the same person in two separate Gazette Notices on different dates, questions are arising as to whether there is a communication breakdown in the Jubilee administration.

Queries are also being raised as to whether the President and his Cabinet are getting sound legal advice.

Ms Waiguru appointed Dida on December 27, 2013, through Gazette Notice Vol. CXV-No.181 while the President made the same appointment on December 31, 2013, four days later, through Gazette Notice Vol CXV-183.

The two Gazette notices refer "powers conferred by Section 5 (4) of the CDF Act 2013" in making the appointments. However, both the President's and Cabinet Secretary's appointments were irregular.

Under the CDF Act 2013, it is only the Cabinet Secretary responsible for matters dealing with CDF (Devolution Ministry in this case) who has powers to appoint a chair of the board, but that appointment is restricted as the chair has to come from among members of the CDF Board, who also must have been vetted by Parliament.

The Devolution Secretary has since moved to correct her mistakes and revoked the appointment through Special Gazette Notice Vol. CVX-No.3 of January 3, 2014. The President is yet to rescind his appointment but sources indicate it will be done by Friday.

The notice signed by Waiguru stated: "It is notified for the information to the general public that Gazette Notice No. 15728 of 2013, issued under section 5 (4) of the Constituency Development Fund Act stands revoked."

Dida's appointment sparked outrage with MPs accusing President Uhuru of violating the law by appointing him. This is the second time the Jubilee administration has been embarrassed by being forced to withdraw an appointment due to public pressure.

Last year, the President was forced to withdrew the gazettement of former Naivasha MP John Mututho as chairman of the National Authority for the Campaign Against Drug and Substance Abuse since he made the appointment unprocedurally.

Yesterday, Deputy President William Ruto defended the revocation of Dida's appointment as chairman of the CDF. Ruto said the decision was arrived at after realizing the appointment of the former teacher-turned-politician did not follow due process.

He said the President had revoked the appointment to allow the vetting process by Parliament as required by the law.

"This is not the first time the President has had to revoke an appointment, last year we saw him withdraw the name of Nacada boss John Muthuto and we saw the man who is really passionate about his job get his post after vetting by Parliament," Mr Ruto said.

The Deputy President revealed that Dida would get the job once all the legal processes are finalised to pave the way for his gazettement.

Nyamira Senator Mong'are Bwo Okong'o and Lugari MP Ayub Savula welcomed the move by the President to revoke the appointment of Dida saying that will allow due process to take its course.

Okong'o challenged Kenyatta to seek wider consultation before making civil service appointments as revocating them was costly and likely to damage his reputation.

"It is important the President has realised he erred in the appointment and has decided to correct it, which is a good gesture, but he should in future receive proper legal advice before making appointments," Okongo told The Standard.

Savula said Attorney General Githu Muigai had failed in his duty as legal adviser to the government and by extension had embarrassed the President.
He said the President violated the CDF Act, which requires that the Cabinet Secretary for Devolution forward three names to parliament for approval before picking one from the list

"We are not against anyone taking up positions in government but the law is clear on the procedure of making appointments with regard to chairpersons of parastatals, and that must be followed," Savula said.

The chairman of the National Assembly's CDF committee, Moses Lessonet, asked the government to speed up the appointment of the CDF board chairman so as not to affect the disbursement of money to constituencies as the seat is vacant.

"The President appointed Dida and then revoked the appointment of Ms Jennifer Nafula Barasa, meaning the position is currently vacant," the Eldama Ravine MP said.

The chief executive officer takes over in an acting capacity in the absence of the board chair but cannot approve disbursements to constitution.

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