Governor Barasa advertises positions for impeached service board members

Kakamega Governor Fernandes Barasa.[Benjamin Sakwa,Standard]

Kakamega Governor Fernandes Barasa has declared four positions for impeached members of the County Public Service Board (CPSB) vacant.

The office of the governor placed an advertisement in the local dailies dated December 21, calling for members of the public to apply for the vacant positions.

The advertised positions are those of the chairperson and three board members. They will hold for a non-renewable term of six years.

"Pursuant to section 57 of the County Governments Act, 2012 and section 5 of the Kakamega County Public Service Board Act No. 7 of 2017, the selection panel for the chairperson and members of Kakamega County Public Service Board wishes to announce the vacancies of 'the chairperson and five board members for a six-year non-renewable term," the advertisement dated December 15 reads in part

It further reads: "The applications should reach the chairperson of the Selection Panel and members of the County Public Service Board on or before January 15, 2024."

 On December 14, the County Assembly of Kakamega voted to impeach four out of six members of the board.

This is after the County Assembly Committee on Public Service and Administration, chaired by Marama South MCA Willis Opuka, recommended their removal from office through an impeachment motion.

The impeached officers are CPSB chairperson Catherine Omweno and board members Stanley Were, Dr Ralph Wangatiah, and Joel Omukoko, who were voted out of office.

The board's Vice Chairpersons, Ambrose Subayi and Sylvia Itembe Otunga, survived by a whisker after the votes cast to remove them could not meet the 75 percent set threshold.

An earlier advertisement dated December 15 was revoked after it declared the position of chairperson and the five board members vacant, yet only four had been impeached.

A total of 76 ward reps voted to support the removal of Ms. Omweno, the board's chairperson; seven MCAs voted against her removal, while three others abstained.

House Speaker James Namatsi directed that "if 75 per cent of the members (MCAs) approve the resolution of the committee, the board member in question shall go home'

The board's chair, Ambrose Subayi, narrowly survived after the vote count did not hit the 75 per cent threshold.

Those who voted for his removal were 55 MCAs, while 27 voted against his removal.

Stanley Were, a board member, has been impeached after 71 ward reps voted for his removal while 12 MCAs were against his removal from office.

Sylvia Itembe Otunga survived by a whisker after 45 ward reps voted no, whereas those who wanted her removed from office were 38.

The MCAs voted to kick out Dr Ralph Wangatiah, with 75 of them approving the recommendation for his impeachment while eight of them were against the motion.

They also voted to kick out Joel Omukoko Anyera after 74 ward reps approved his impeachment against nine MCAs who voted no.

The impeachment of the board arose from a decision by former Kakamega Governor Wycliffe Oparanya, who terminated the contract of Catherine Gathoni as Secretary and Chief Executive Officer (CEO) of the board.

It is alleged that at one point Gathoni was earning money from the County Government of Nakuru, where she served as an accountant, and Kakamega, where she held the position of chief executive officer of CPSB, respectively.

The petitioner, Dennis Muhanda, anchored his petition on the sacking of Gathoni.

The board is also battling claims of serious violation of the Constitution, violation of Chapter 6 of the Constitution, breach of statute law, abuse of office, gross misconduct, conflict of interest, and incompetence.

Additionally, they have been accused of employing people with questionable academic qualifications and hiring 400 revenue clerks and 74 revenue officers without the approval of the cabinet.

It’s former Kakamega Governor Wycliffe Oparanya who terminated the contract of Gathoni (Board CEO) after he discovered she was still employed as an accountant and on the payroll of the Nakuru County government.

Oparanya’s decision to terminate Gathoni’s contract is what put the current board members heads on the chopping board.

"You were appointed to the post of secretary of the service board with effect from July 15, 2020, on a six-year non-renewable contract,” Oparanya’s letter states in part.

It further reads: “In the course of your engagement, it came to our attention that you were still on the payroll of Nakuru County, until May 2021, when you ought to have delinked from them immediately after you took up the appointment with Kakamega County Public Service Board”

"For these reasons, your contract is hereby terminated and you are released to return to Nakuru with immediate effect,” Oparanya's termination letter dated October 19, 2021, reads in part.

Aggrieved by the sacking, Gathoni would later seek a review of her dismissal from the Public Service Commission (PSC), which overturned Oparanya's decision to terminate her employment.

Consequently, Governor Fernandes Barasa reinstated her as the CEO in a letter dated November 4, 2022.