Petitioners want Siaya County officials dismissed for ‘aiding corruption’
Siaya Governor James Orengo (left) and his deputy William Oduol (right) at a past function. The High Court has certified as urgent a petition seeking to compel the anti-graft agency to investigate chief officers at the Siaya County Government over alleged theft of public funds.
The High Court has certified as urgent a petition seeking to compel the anti-graft agency to investigate chief officers at the Siaya County Government over alleged theft of public funds.
Justice Nixon Sifuna said the case by Mr Peter Odhiambo Agoro and Mr Erick Onyango Omeny was urgent and directed them to serve the court papers to the chief officers named in the case as well as the Ethics and Anti-Corruption Commission (EACC).
The two residents claim that some of the officials were retained by Governor James Orengo yet an internal audit conducted by former Auditor-General Edward Ouko unearthed massive irregularities and plunder of county coffers and pointed an accusing finger at the officials.
“Upon being served with the respondents’ responses and written submissions, the petitioners [will] within 14 days from the date of that service, file and serve written submissions and legal authorities,” Justice Sifuna rules.
The duo has named Mr Jack Odinga, the acting chief officer for Finance, and Mr Geoffrey Ochieng (acting head of Treasury) as respondents, alongside Mr Job Kingsley Amoth Otieno and Hezron Junior Opiyo, who are both serving as departmental accountants.
Institute proceedings
Also named in the petition are Mr Orengo and the Office of the Auditor-General. They want the EACC to commence investigations into the activities of the county officials and institute proceedings against them if they are found culpable.
“The court does grant an order stopping the respondents from undertaking fiduciary activities until the funds misappropriated and unaccounted for are accounted for and ascertained by the second interested party, pending the hearing and final determination of this case,” Mr Agoro said in his affidavit.
The petitioners claim that the audit report showed unsupported domestic travel and subsistence allowances through imprest and inter-account and no supporting documents were availed for audit verification.
The audit, they further charge, flagged anomalies where Sh100 million was transferred to the imprest account and withdrawn in cash.
“As per the internal audit report that is the Ouko task force report of January 2023, Sh2 billion was lost within the last two years,” Mr Agoro claims.
He adds that withdrawal of the money, which was transferred to the imprest account and taken out in cash, was not authorised by the Controller of Budget, contrary to the Constitution.
“I am aware that the adverse audit report by the Kenya National Audit Office for the year 2021/22 revealed persistent theft and plunder of public money,” he says.
The petitioners further claim that the Auditor-General revealed multiple unaccounted earnings and payments running into millions of shillings and some of the officials serving in the previous administration have been retained by Mr Orengo.
“ A declaration that the respondents have abetted and aided corruption amounting to gross violation of the Constitution and have rendered incapable of discharging their mandates as required by the Constitution and various statutes,” Mr Agoro says.
The case will be mentioned on June 21 to confirm whether the parties have complied with the directions and for the court to fix a date for the hearing.
