Police in Kisii County probe ambush on assembly clerk

Kisii County Assembly Clerk, James Nyaoga, right explains a point to majority leader Protous Moindi, center and Shem Ondara, MCA,left

Police in Kisii County have launched investigations into an attack on Assembly Clerk James Nyaoga at his home.

Mr Nyaoga was on Monday night attacked by a man armed with an axe as he opened the gate to his apartment in Kisii town, but escaped by crashing the car through the gate.

The clerk, who recorded a statement at the Kisii Central Police Station, alluded that the ambush could have been planned by his political rivals.

He claimed he had been embroiled in a protracted tussle with some individuals in the assembly over his tough stand against corruption.

Nyaoga said he had been receiving threatening calls since September last year over failure to append his signature on some sensitive documents in the assembly.

"I have on several occasions ignored directives to sign some documents that could have led to withdrawal of millions of shillings. The clerk is the only individual authorised to sign payment vouchers on behalf of the assembly, but I have to admit that this has been done to the contrary," said Nyaoga.

He said early last month he was requested to sign a Sh61 million invoice which he claims was prepared in the street for the payment of office furniture.

"There are people who want me to do things without following due process at the expense of misusing taxpayers' money. I have written several advisory letters to the assembly board, but some forces have decided to ignore them," explained Nyaoga.

He said the executive arm of the county government and the entire assembly had held several meetings to resolve the impasse but there were individuals acting contrary to the spirit of the Constitution.

The clerk alleged that the county assembly received Sh137 million on development expenditure during the last financial year for the building of committee rooms while he had only signed for Sh6 million.

In April, assembly Speaker Kerosi Ondieki wrote a letter to the Transition Authority to recall Nyaoga.

ILLEGAL MOVE

Nyaoga termed the move illegal and moved to the Industrial Court in Kisumu in May through Counsel Oguttu Mboya in a matter that had been certified as urgent.

The Speaker, County Assembly Service Board and Daniel Mbaka Omwoyo (acting clerk) had been listed as the first, second and third respondents, respectively.

On May 23, Industrial Court Justice Byram Onganga ruled that the petitioner was duly appointed by the board with approval of the assembly in accordance with Section 13(1) of the County Governments Act, 2012.

However, sources indicate that Mbaka has still been the acting clerk since May after the service board granted him powers to do so.

The assembly public service board was also accused of authorising employment of extra workers without regard to the law.

The matter proceeded to the Industrial Court in Nakuru where Justice Stepehen Radido issued interim orders restraining the assembly from paying any allowances or remuneration to over 270 employees issued with employment on September 1.

Kisii Central DCIO David Wambugu who visited the crime scene said police had taken up the matter and will take appropriate action.

"We will collect evidence and recommend appropriate action, but until now we cannot substantiate any allegations," he said.