A lobby group Kisumu City Residents Voice has raised queries over what they term as unprocedural and biased appointments by the county government.
In a letter dated January 15 2015 addressed to the chairman of the Public Service Board and signed by the Kicirevo chairman Audi Ogada and copied to among others, Kisumu governor Jack Ranguma, the speaker Kisumu county assembly, MPs, MCAs and secretary public service board, Ogada wrote: “It is increasingly worrisome that the public has not been happy with the manner in which the previous appointments were made; precisely because the aspects of clannism, nepotism and imbalanced clearly played out as well total disregard of the law”.
The letter claims that it is known in the public domain that some people have been appointed without going through the due process of interview and vetting by the county assembly. On the other hand, it is shocking and surprising that some officers are in office discharging key duties without appointment letters; hence their names are not in the pay roll. The question now is: on whose order are they discharging these unlawful duties?
It is disappointing to note that the board always discharges its duties outside the county meaning their offices are always deserted, which from all practical perspective is a misuse of public resources hence total violation of Article 201 of the constitution.
Furthermore, well-placed sources have it that the board has vested interest in the ongoing interview for the position of the city manager. To add salt to injury, it is reasonably established that the preferred candidate also hails from the same clan that has over time dominated the previous appointments.
The letter reads in part: “We therefore demand that the board should give the public a detailed list of all the appointments made including their qualifications, experiences and clans of the respective individuals in respect to the chief officers, ward administrators, the sub county administrators in accordance with article 35 of the constitution”.
It is also claimed that the board has been unilaterally acting contrary to the constitution of Kenya 2010 and the county government Act No 17 of 2012 by unprocedurally appointing persons to the county and creating impermissible titles for those persons as though they are properly appointed under the law to run the affairs of the county government of Kisumu.
“In view of the foregoing, it is our final submission that we demand as we hereby do, that you immediately address the issues raised by the citizens satisfactorily if litigation over the matter is to be avoided.
“Be assured that unless we receive positive response and assurance from you, coupled with evidence that you are ready and willing to run the affairs of Kisumu public service board in accordance with the law, good governance, accountability, transparency and fairness we will go ahead to invoke article 1, 2, 3, 22, 258 of the constitution,” says Ogada.
There is fear that the board has settled on a particular candidate from the clan which has seriously benefited from previous appointments.
Ogada wrote: “Take notice, that should you proceed and our fears confirmed by appointing the peered and preferred candidate who also hails from the clan whom your board has already rewarded with massive appointment contrary to the law, we will be left with no alternative but petition for disbandment of the board in accordance with Chapter 15 (1) of the devolved Government Act and move to court on the same matter asking the court for appropriate orders against you; holding you liable personally as to the costs and other incidental consequences without any further reference and to declare you unfit to hold public office within the next 14 days,” states the letter.
In a letter dated January 15 2015 addressed to the chairman of the Public Service Board and signed by the Kicirevo chairman Audi Ogada and copied to among others, Kisumu governor Jack Ranguma, the speaker Kisumu county assembly, MPs, MCAs and secretary public service board, Ogada wrote: “It is increasingly worrisome that the public has not been happy with the manner in which the previous appointments were made; precisely because the aspects of clannism, nepotism and imbalanced clearly played out as well total disregard of the law”.
The letter claims that it is known in the public domain that some people have been appointed without going through the due process of interview and vetting by the county assembly. On the other hand, it is shocking and surprising that some officers are in office discharging key duties without appointment letters; hence their names are not in the pay roll. The question now is: on whose order are they discharging these unlawful duties?
It is disappointing to note that the board always discharges its duties outside the county meaning their offices are always deserted, which from all practical perspective is a misuse of public resources hence total violation of Article 201 of the constitution.
Furthermore, well-placed sources have it that the board has vested interest in the ongoing interview for the position of the city manager. To add salt to injury, it is reasonably established that the preferred candidate also hails from the same clan that has over time dominated the previous appointments.
The letter reads in part: “We therefore demand that the board should give the public a detailed list of all the appointments made including their qualifications, experiences and clans of the respective individuals in respect to the chief officers, ward administrators, the sub county administrators in accordance with article 35 of the constitution”.
It is also claimed that the board has been unilaterally acting contrary to the constitution of Kenya 2010 and the county government Act No 17 of 2012 by unprocedurally appointing persons to the county and creating impermissible titles for those persons as though they are properly appointed under the law to run the affairs of the county government of Kisumu.
“In view of the foregoing, it is our final submission that we demand as we hereby do, that you immediately address the issues raised by the citizens satisfactorily if litigation over the matter is to be avoided.
“Be assured that unless we receive positive response and assurance from you, coupled with evidence that you are ready and willing to run the affairs of Kisumu public service board in accordance with the law, good governance, accountability, transparency and fairness we will go ahead to invoke article 1, 2, 3, 22, 258 of the constitution,” says Ogada.
There is fear that the board has settled on a particular candidate from the clan which has seriously benefited from previous appointments.
Ogada wrote: “Take notice, that should you proceed and our fears confirmed by appointing the peered and preferred candidate who also hails from the clan whom your board has already rewarded with massive appointment contrary to the law, we will be left with no alternative but petition for disbandment of the board in accordance with Chapter 15 (1) of the devolved Government Act and move to court on the same matter asking the court for appropriate orders against you; holding you liable personally as to the costs and other incidental consequences without any further reference and to declare you unfit to hold public office within the next 14 days,” states the letter.
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