Trans Nzoia County Assembly.
Multi-million-shilling development projects in several counties in the North Rift region are at risk of stalling as county representatives and executives engage in a new turf war over control of county resources.
Several County Executive Committee (CEC) members have been threatened with dismissal by hostile county assembly members who accuse them of incompetence and alleged mismanagement of funds meant for various development projects.
In some counties, county assembly members have passed motions supporting the dismissal of CECs in a renewed power struggle between the county assembly and the executive, which is likely to hurt the delivery of quality services.
Among the counties affected by the wrangles are Trans Nzoia and Nandi, where five executives are facing the sack or have resigned due to relentless allegations by the county assembly about service delivery, including implementing multi-million-shilling development projects.
The allegations against the CECs include abuse of office and violation of the Constitution, alleged misappropriation of public funds following forensic audit of financial and development projects, among others, which have put pressure on the respective governors to sack them.
In Trans Nzoia County, Governor George Natembeya is under pressure from the MCAs to sack County Secretary Truphosa Amere, Lands CEC Janerose Mutama and her Sports and Tourism counterpart Stanley Kirui following the endorsement of a motion to remove them from office.
The county assembly approved the motion to dismiss the trio despite a court order restraining the MCAs from doing so.
The deputy speaker of the county assembly, Mr Obed Mahanga, defended the move to debate the impeachment, saying there was a clear separation of powers and that the assembly was right to proceed with the process that saw a section of the MCAs abstain from voting to send the three executives home.
The High Court in Kitale and the Employment and Labour Relations Court had placed an interim injunction on the matter pending the hearing and determination of petitions filed by the embattled executives.
However, the MCAs deliberated on the matter and agreed to sack Ms Mutama and Mr Kirui.
Ms Mutama was accused of abuse of office, gross violation of the Constitution and incompetence.
"A report was prepared, and the member was found guilty of all charges brought against her," said Mwale Mahanga, the Matisi MCA.
She was accused of illegally demolishing houses allegedly built on public land, despite existing court orders prohibiting such actions.
The official was also accused of failing to properly advise the governor on the ongoing construction of the county headquarters on land disputed by a private developer.
The motion to remove Ms Amere from office was moved by Majority Leader Edwin Koech, who accused her of incompetence.
“The County Secretary has failed to execute her duties effectively, resulting in financial losses for taxpayers through numerous legal battles,” said Mr Koech.
Ms Amere was also criticised for undermining her office by failing to fulfil labour-related agreements between the county government and its employees.
“She committed, in writing, to address issues raised by nurses in the county but later reneged on her commitment, leading to a nurses' strike that affected residents,” the MCA added.
Kapomboi MCA Kefa Were accused Ms Amere of wrongly advising the governor on transferring all medical services from Kitale County Hospital to Wamalwa Kijana Teaching and Referral Hospital, saying the move circumvented due process.
Mr Kirui was accused of fraudulently obtaining funds from traders seeking to lease public stalls in Kitale town during his tenure as CEC for Trade and Industrialisation. Minority Leader Boniface Cheloti added that Mr Kirui violated the Public Finance Management Act.
"Mr Kirui violated the Constitution by opening an unauthorised account to collect revenue, which was misappropriated for private use," the Saboti MCA said.
In Nandi County, Governor Stephen Sang bowed to public pressure and reshuffled his cabinet after two members of the county executive resigned following a forensic audit of financial and development projects implemented by the devolved unit.
The resignations of county executives Ruth Koech (Health) and Doris Rono (Roads) came days after an ad-hoc committee set up by the county assembly to investigate the county's infrastructural and financial status recommended the sacking of all county executives and heads of critical departments. Governor Sang responded by appointing his deputy, Dr Yulita Mitei, as Health executive amid mounting pressure from residents to implement the ad-hoc committee's report, which was rejected by county representatives.
“What we want is the dismissal of the entire county executive over failure to deliver in their mandate,” said John Too, from Saos.
The 15-member ad hoc committee, chaired by Mr Benjamin Kering Matata, endorsed the dismissal of nine county executives and nine chief officers, among other senior officials in key departments in the county.
The county executives survived the sacking after 20 assembly members voted against the report, while 11 others voted in favour of the sacking over alleged mismanagement of public funds.
But in a twist of events, two of the executives finally bowed to public pressure and resigned amid a reshuffle that saw Alfred Kiprotich Lagat moved to Lands to take over from Dr Philemon Bureti, who was moved to Trade.
Ms Rose Angira was moved to Sports while Ms Scolastica Tuwei was moved to Gender and Culture in the changes that also affected a number of Chief Officers.
Governor Sang nominated Ms Reney Jepkosgei for the Education docket and Mr Robert Kipchirchir Limo for Roads.
Residents described the shooting down of the report as a major blow to the fight against corruption and mismanagement of public resources by the county executive.
“The MCAs who voted against the report did so against our will. We expect them to act as checks and balances against the executive and ensure proper use of public resources but they seem to have been comprised for selfish gains,” said Johnstone Koech from Chepkumia ward.
The committee's report recommended the suspension of three senior managers in the Supply Chain Management, Public Works, and Water Resources and asked the Ethic and Anti-Corruption Commission (EACC) to investigate the spending of the Nandi County Public Service Board.
It recommended the recovery of over Sh40 million irregularly paid for personnel emoluments in the 2022/2023 and 2023/2024 budget estimates. The funds are to be recovered from 19 county officials who overpaid.
According to the committee report, Nandi County has outstanding bills amounting to Sh604,171,185, despite receiving over Sh6.7 billion in the 2023/2024 financial year.
It also revealed that the county Treasury paid Sh45 million against an allocation of Sh24 million for the supply of fuel under the Department of Transport and Public Works and Sh16.1 million against an allocation of Sh8 million for the supply of murram.
The department spent Sh391.21 million on development expenditure against an approved budget allocation of Sh347.51 million, an absorption rate of 112.6 percent.
The Department of Health and Sanitation spent Sh3.46 billion on recurrent expenditure against a budget allocation of Sh2.99 billion, representing an absorption rate of 115.4 percent.
The report shows that the county spent Sh38,709,868 under the Emergency Fund in the 2022-2024 financial year but records show that it used Sh50,041,585 under the Nandi County Emergency Fund in 2023/2024.
The Department of Health and Sanitation was taken to task over the use of Sh2.12 million to equip the maternity wing at Chepkumia Health Centre, with findings showing that the rooms were converted to store broken motorcycles and non-pharmaceutical supplies.
“The committee asserts that the claims of 100 percent completion are misleading and misrepresenting reality. They believe that the Sh2,128,559 spent has not provided value for money, adversely impacting service delivery to the Chepkumia community and surroundings,” the report added.
