Crisis rages in Nyamira Assembly as Senate fails to broker truce

Nyamira County Governor Amos Nyaribo before the Senate's CPAC committee Chaired by Moses Kajwang and Vice Jones Mwaruma to deliberate on the Auditor General's report for the county on the Financial Statements for FY 2023/2024. [Elvis Ogina] The crisis in Nyamira County Assembly remains unresolved after the Senate failed to broker a truce between the two factions, each holding parallel sittings with their own Speaker and Clerk. The two groups, which have been holding parallel sittings, appeared before the Senate Devolution Committee, chaired by Wajir Senator Sheikh Abbass, with each presenting their case for being the legitimate body running the county assembly' affairs. Controller of Budget Margaret Nyakang'o, who also appeared before the committee, said that funds from the exchequer had been disbursed to the county in accordance with the law, adding that she does not deal directly with County Assemblies in the disbursement of county funds. "I would like to tell the Senate that I do not deal with County Assemblies directly in the disbursement of funds, but with the County Executive Committee Member in charge of Finance, with the allocation for county assemblies factored into the funds going to respective counties," said Nyakang'o. The Controller of Budget stated that, according to the law, her office recognizes the embattled Speaker Enock Okero and County Assembly Clerk Silvanus Nyamora as officials of the assembly, based on the information provided by the County Executive Member in charge of Finance, Nyamira. Nyamira Senator Okongo Omogeni asked Nyakang'o what steps she could take to preserve the funds allocated to the county, given the current paralysis in which two factions are running the assembly in parallel. He pointed out that this situation could lead to the potential loss of county funds. Nyakang'o explained that the office of the Controller of Budget does not handle transactions with counties directly, a role that falls under the Auditor General's office. Instead, her office monitors the usage of the budget at a vote level, not at the transaction level, and makes its findings public. "The Nyamira County budget for the financial year 2024/2025 was Sh7.5 billion, and after a supplementary budget was done, it was increased to Sh8.1 billion, following the approval by Nyamira Governor Amos Nyaribo and Speaker Okero in July 2024," said Nyakang'o. The Controller of Budget stated that she cannot vouch for whether the transactions carried out by the two factions are within the law, as she does not oversee them. However, each entity is required to have internal auditors. She added that issues of factions do not concern her, as her focus is on the County Finance Executive. The two factions, led by the embattled Speaker Okero and Ekerenyo MCA Thaddeus Nyabaro-who has served as Deputy Speaker under Okero, and now claims to be the legitimate Speaker-accused each other of failing to obey the law. Okero took the committee through the process that led to his ejection from the chambers while presiding over assembly duties, his eventual removal from office in October last year, and his impeachment, which he claimed was unfair and is currently being challenged in court. The embattled Speaker explained to the committee that the origin of his troubles began when MCAs voted to impeach Governor Nyaribo. This vote took place in an assembly of 20 elected MCAs and 15 nominated MCAs, with 22 MCAs supporting the Governor's removal, accusing him of siding with those backing Okero. "There are court orders issued by the High Court on December 16 preserving me as the Speaker of Nyamira County Assembly, which have not been vacated. The members behind the intention to remove me from office are seeking leniency, and contempt proceedings are ongoing, with a ruling expected on May 8, this year," Okero stated. He told the Senate that Impeachment against him that took place on October 24 flew in the face of the court orders which was an act of contempt with Speaker still in office based on December 16 order and that it was wrong for his rival Nyabaro to claim he is the Speaker while serving as an MCA. Okero said that he stopped carrying out his duties at the County Assembly precincts after finding out that it was not safe for him to do that arguing that they had gazette other county assembly premises across the county to carry out official business which is not against the law. Nyabaro insisted that due process had been followed in kicking out Okero as the Speaker of Nyamira County Assembly with an impeachment process undertaken by members stating that he was illegally carrying out assembly duties away from the official precincts in Nyamira Town. "The official assembly duties were being carried out in Nyamira Town where the official mace is found accusing Governor Nyaribo of being behind the Okero faction which he said was conducting business in other premises other than the official designated premises. Kisii Senator Richard Onyonka said that the Nyamira County Assembly was facing a political problem that required a political solution and that it was important that the two groups sit down and resolve their differences. Nominated Senator Margaret Kamar expressed embarrassment over the division within the county assembly, calling it unfair to the people who elected the leaders. She emphasized that these ongoing squabbles would deprive the public of essential services. Nominated Senator Peris Tobiko echoed Kamar's sentiments, stating that while they wished the county assembly would work for the benefit of the people, the current theatrics were on another level. She called for the involvement of all elected leaders to resolve the issue. Omogeni informed the house last week that the County Assembly of Nyamira is divided into two rival groups, each holding parallel sittings-one at the main assembly building, the other in various towns within the county. "These rival groups are led by separate individuals, each claiming to be the legitimate Speaker and Clerk of the County Assembly. This situation has caused confusion, undermining the legislative integrity and potentially jeopardizing public confidence in the institution, devolution, and the oversight role of the Senate," said Omogeni. The Nyamira Senator has requested the Senate Devolution Committee to investigate the officially designated and gazetted location of the County Assembly, and whether sittings held outside that location were properly approved by the assembly, presenting evidence to support this. Omogeni also sought an inquiry into the legal standing of any business transacted by the two rival factions, including the passage of the supplementary budget and other legislative decisions made during the standoff. He asked the committee to look into the process through which the two speakers and clerks were appointed, and whether proper procedures and relevant standing orders were followed before their installation. The Senator urged the Senate Devolution Committee to inquire about the steps taken by relevant constitutional and intergovernmental bodies to resolve the leadership dispute and restore order in the County Assembly. "The Senate Devolution Committee should recommend initiating a reconciliation and mediation process to restore institutional normalcy, safeguard the rule of law, and protect the interests of Nyamira County residents," Omogeni said.

Crisis rages in Nyamira Assembly as Senate fails to broker truce

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Crisis rages in Nyamira Assembly as Senate fails to broker truce

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