Ministry illegally extends term of acting water agency CEO

National Water Harvesting and Storage Authority Chairman Erick Okeyo (second right) and Ag Chief Executive Officer Sharon Obonyo hands over hand washing water tanks to Kakamega Deputy County Commissioner Denis Ogola (center). [Benjamin Sakwa, Standard]

A showdown looms at the National Water Harvesting and Storage Authority (NWHSA) over the extension of the term of acting Chief Executive Officer. 

The differences pitting Water Cabinet Secretary Sicily Kariuki against Principal Secretary Joseph Irungu over the extension of the term of acting CEO Sharon Obonyo against the board's decision threatens to stall operations at the state agency.

The decision has split a section of board members rattled by the ministry's alleged interference, which exposes their actions to legal action.

The board chaired by Erick Okeyo met on Wednesday over the matter which has divided them right in the middle.

Ms Obonyo's tenure expired on Tuesday midnight after serving two terms of six months each in acting capacity.

A source at attended the meeting said a section of directors were allegedly intimidated and coerced by top ministry officials to hand the acting CEO another term of six months.

A letter of the resolutions of the stormy board meeting seen by The Standard shows the board granted the acting CEO another term.

However, the letter appointing Obonyo as CEO in acting capacity was signed by a board member Walubengo Waningilo contrary to the norm where it is signed by the chairman. 

"The move by the CS and PS to dictate and force board members of NWSHA to give Obonyo an extension of another term in office as CEO is an illegality, questionable and suspect since she has served for the mandatory period of six months as stipulated in the circular from the Head of Public Service, Joseph Kinyua," said the source who declined to be named. 

The source privy to the deliberations said the chairman did not sign the resolutions as this would have given credence to the illegal extension of the tenure of the Ag CEO, therefore making the appointment letter given by Mr Waningilo who is the chairman of the finance board null and void.

"This is in itself an illegality for a member of the board to purport to sign an appointment letter to the CEO while the chairman who chaired the meeting is there. We will not accept this as it will open a pandora's box for legal redress by whoever wants to challenge the process of appointment," the source added.

A letter ref NWHSA/CLS/BOD/FIL/01/VOL11/( 78) written by Obonyo and dated April 26 invited the full board for a meeting at the authority's offices to deliberate on the position of acting CEO and that of acting general managers.

Obonyo was appointed acting CEO on April 28, last year and her tenure extended on October 28 2020 for a further six (6) months.

The source claimed that the acting CEO has been ignoring decisions and resolutions made by the board and instead referring the matters to the CS. 

"Obonyo has repeatedly said she is only answerable to CS and not the board. The bad blood between the board and the CEO has affected delivery of services," the source claimed.