EACC on Wanga's case for breaching employment laws as board defends governor
Homa Bay Governor Gladys Wanga, her deputy Oyugi Magwanga and Karachuonyo MP Adipo Okuome attend the burial of Stanely Aluma, father of Homa Bay Town MP Peter Kaluma in Ndiru Village in Homa Bay Town constituency on October 22,2022. The EACC has faulted the governor for breaching employment laws.
Homa Bay Governor Gladys Wanga is on the radar of the anti-corruption agency for a bloated government created to reward loyalists.
The Ethics and Anti-Corruption Commission (EACC) accuses Ms Wanga of failing to follow guidelines provided by the Salaries and Remuneration Commission (SRC) on the number of staff a governor should have.
The governor nominated County Executive Committee members on October 11. They are expected to be vetted by the county assembly this week. She also appointed several officials to serve in her government.
The governor, however, said she had consulted the County Public Service Board before making the appointments
“I consulted the County Public Service Board on all appointments I made as required by law. The board has already confirmed this,” Governor Wanga said.
She added: “The letter by the EACC to us was an advisory seeking to find out whether we followed the law, which we did. It is unfair that political opponents are trying to make an issue out of all this and are blowing it out of proportion.”
But the EACC said the governor breached several laws when she made the appointments.
The agency said governors are only allowed to employ a specific number of officers under SRC rules and the appointments should be made in liaison with the County Public Service Board.
The EACC said Ms Wanga violated the rules and took in more people, with the agency saying she irregularly appointed 11 advisers – 10 in her office and one to serve her deputy Oyugi Magwanga.
The agency also said Ms Wanga created six positions of liaison officers and four in the governor’s delivery unit that were irregular.
County Public Service Board's acting CEO Ruth Oloo said claims that the governor made the appointments without consultations were untrue.
"She sought our advice as the board and after examining the need to have the offices created, we granted authority to do so," Ms Aloo said
Ms Wanga explained that the appointments were meant to enhance the effective functioning of her office. She appointed advisers that she said have varying levels of expertise in different fields.
They are former Royal Media Services journalist Charles Odhiambo, who was appointed chief of staff, Erastus Randusi (chief of protocol), lawyer Silas Jakakimba (legal affairs adviser), former Gwassi South MCA Nicholas Ayieta (political affairs adviser), Paul Onditi (blue economy adviser), county Knut chairman Patrick Were (education stakeholders management) and Silas Rabah (youth affairs)
Others are Rachel Ogutu (governor’s spokesperson), Kanyach Kachar Chief Bernard Omuga (security and intelligence), George Mboya (political adviser in the deputy governor’s office), lecturer and veteran journalist Okech Kendo (climate change adviser).
Liaison officers
Ms Wanga also appointed liaison officers who link her office to members of the public.
They are Erick Jakim (youths), Suba BMU chairman William Onditi (beach management), Collins Kalee (sports), Kennedy Dede (boda boda), Magdalien Owino (women) and Lucy Odwar (people with disabilities).
Other officers will serve in the delivery unit.
They are Mr Daniel Onyango, Mr Thomas Nyonje, Mr Omondi Ayieko and Jared Omollo.
Ms Wanga said the appointments were meant to improve the living standards of Homa Bay residents.
She said she had consulted and obtained approval from the County Public Service Board to create the offices.
But the EACC wants the officers out.
In a letter to Ms Wanga, EACC Chief Executive Officer Twalib Mbarak said governors are only allowed to appoint five senior officers and six support staff (personal assistant, personal secretary, cook, driver, messenger and gardener).
The senior staff are chief of staff, economic, political and legal advisers, and director of the governor's press service.
"The governor is required to identify persons to be appointed in the said positions and the County Public Service Board regularise the same," Mr Mbakak wrote.
With the EACC directive, the appointed officers will not be recognised under the law.
"The commission is empowered to ensure public entities and state offices comply with leadership and integrity requirements,” Mr Mbarak wrote.
“To this end, the commission advises that the nomination for the governor's office be reviewed in liaison with the public service board to ensure they comply with the law and guidelines."
