The Machakos County Assembly has put Governor Wavinya Ndeti on the spot after an MCA accused her of bypassing the House in the appointment of board members to the Machakos and Mavoko municipalities.
Mua Ward MCA Francis Ngunga sought a formal statement from the chairperson of the Urban Planning Committee over the gazettement of three nominees to the municipal boards before approval by the County Assembly.
In a statement tabled before the County Assembly on Tuesday, May 12, Mr Ngunga argued that the move violated provisions of the Urban Areas and Cities Act, 2011, and the Public Appointments (County Assemblies Approval) Act, 2017.
The MCA said the law requires nominees for municipal boards to undergo vetting and approval by the County Assembly before appointment.
“Section 6(1) of the Public Appointments (County Assemblies Approval) Act, 2017 requires that the appointing authority, upon nominating a person for an appointment, shall notify the relevant County Assembly accordingly,” the statement reads.
According to the MCA, the Assembly had already received the names of three nominees for appointment as board members in both Machakos and Mavoko municipalities.
The nominees were subsequently committed to the Urban Planning Committee for vetting and consideration before a report could be tabled in the Assembly for debate and approval.
Mr Ngunga noted that Section 9(1) of the Public Appointments (County Assemblies Approval) Act requires a committee to consider nominees and table a report before the Assembly within 21 sitting days.
He said the Urban Planning Committee had already conducted approval hearings and vetted the three nominees pursuant to Section 7 of the Act and prepared a report for tabling before the House.
However, the MCA told the Assembly that on May 8, 2026, Governor Ndeti went ahead and gazetted the nominees through Gazette Notice No. 6571 before the Assembly concluded the approval process.
“Cognizant that on May 8, 2026, the Governor of Machakos, via Gazette Notice No. 6571, gazetted the said nominees without the approval of the Assembly, thereby contravening the provisions of Section 9(1) of the Public Appointments (County Assemblies Approval) Act, 2017,” the statement reads.
Mr Ngunga is now demanding answers from the Urban Planning Committee over the legality of the appointments and the implications arising from the governor’s action.
Among the issues raised, the MCA wants the committee to explain why the governor proceeded with the gazettement before approval by the Assembly.
“Why did the Governor of Machakos proceed to gazette the three nominees without the approval of the Assembly, contrary to Section 9(1) of the Public Appointments (County Assemblies Approval) Act, 2017?” the MCA posed.
He also questioned the legal basis relied upon in bypassing the Assembly’s constitutional and statutory role in public appointments.
“What legal justification, if any, was relied upon by the Governor in gazetting the said nominees bypassing the Assembly’s legal mandate of undertaking the approval process?” the statement further reads.
The MCA additionally sought clarification on the legal and administrative consequences of allowing the three officials to assume office despite what he termed a breach of the law.
“There are legal and administrative implications of having the three board members appointed to office in contravention of the law,” he stated.
The dispute now sets the stage for a possible confrontation between the County Assembly and the county executive over separation of powers and adherence to statutory procedures in public appointments.
The controversy revolves around the management of Machakos and Mavoko municipalities, which fall under the Urban Areas and Cities Act and are administered through boards appointed under the law. Under the Act, municipality board members play a critical role in urban governance, planning and service delivery.
Governor Ndeti has, however, defended the appointments, insisting the gazettement was done in accordance with the law.
In Gazette Notice No. 6571 dated May 8, 2026, the governor announced the appointment of Dr Mary Mutete Mwanzia to the Machakos Municipal Board, while Elizabeth Mbithie Kimanthi and Nyambane Japheth Ondieki were appointed to the Mavoko Municipal Board for a five-year term.
The notice stated that the appointments were made pursuant to Sections 14(3) and 30(2)(f) of the County Governments Act, 2012, as read together with Sections 14 and 15 of the Urban Areas and Cities (Amendment) Act, 2019.
The county administration maintained that the appointments were legally anchored under the Urban Areas and Cities Act and the County Governments Act.
The gazette notice, signed by Governor Ndeti and dated May 7, 2026, stated that the appointments were made “for general public information” and that the listed persons had been appointed to serve as members of the respective municipal boards for a period of five years from the date of the notice.
