EACC cautions governors on dismissal of staff without following law
EACC spokesperson Eric Ngumbi (right) during the swearing in of Mombasa Governor Abdulswamad Nassir.
The Ethics and Anti-Corruption Corruption (EACC) has cautioned governors against arbitrary suspensions and dismissals of staff suspected of corruption without following due process.
Some remedial administrative decisions made by governors in fighting corruption could be counterproductive, the EACC said.
Unilateral and arbitrary staff sackings could lead to a huge loss of public resources through payment of court awards if aggrieved workers successfully seek legal redress, cautioned EACC spokesperson Eric Ngumbi.
He spoke at the swearing in of Mombasa Governor Abdulswamad Nassir on Thursday.
The firing of County Executive Committee (CEC) members and chief officers featured prominently on the first day of the induction, with governors saying they should exercise the power to hire and fire.
Governors suggested they should be allowed to start their terms with new executives.
But Mr Ngumbi said governors should be wary of such staff suspensions and dismissals without due process.
While supporting the fight against corruption, he described the emerging trend of mass profiling, suspension and dismissal of staff inherited from previous administrations in response to “graft discoveries” as potentially risky.
"While the quest for anti-corruption reform in counties demands urgent and impactful action by all actors including governors, we must also bear in mind that one may not remedy a wrong by committing another wrong,” Mr Ngumbi said.
“We implore governors to ensure that all administrative actions taken against staff suspected to have engaged in corruption are guided by the law and taken in liaison with relevant agencies such as County Public Services Boards.
“Governors should share details of the alleged scams with EACC for interventions, which may include the sealing of corruption loopholes to prevent further malpractices.”
In May, the Employment and Labour Relations Court said that though county chiefs are allowed, under Section 31 of the County Governments Act, to dismiss CEC members, the officials must be accorded procedural fairness in the process of their removal.
This, the court said, includes allowing them to respond to the accusations levelled against them.
But when making changes to county executives, governors accuse officers they seek to drop of not discharging their mandate diligently.
Some county officials are also accused of malpractices, including embezzlement of public funds, payments for services not rendered, conflict of interest, abuse of office, inflated costs of projects and fraudulent payroll involving ghost workers.
Some have been accused of using their positions to advance private political interests, with governors arguing they have no option but to terminate their services.
Governors must ensure the schemes of service for county executives and chief officers provide for disciplinary action, said Florence Kajuju, the chairperson of the Commission on Administrative Justice (Ombudsman).
