Governor Ottichilo to fight bid to remove him from the office

Vihiga Governor Wilber Ottichilo is this month expected to defend himself in a petition seeking orders to declare him unfit to hold public office over abuse of office and gross misconduct allegations.

Dr Ottichilo will also be fighting off claims of illegal and irregular purchase of a Sh23.9 million two-acre land for construction of the governor's official residence, disobedience of court orders and violation of two-thirds gender principle.

The petition was filed at the Kisumu High Court by two residents. The 21-page petition has listed 123 grounds for removal of the governor.

Dr Ottichillo is the sole respondent while Vihiga County government, Public Service Board and county assembly have been listed as interested parties.

Saroni and Stevens Advocates, acting for the petitioners, said the case will come up for mention inter parties on May 20 before Kisumu High Court judge Fred Ochieng.

This will be the third time Dr Ottichilo will be fighting an attempt to dislodge him since he took office in 2017.

The first such move happened just after the 2017 polls when a resident lost the bid to unseat Dr Ottichilo through an election petition filed at the Kakamega High Court. A second attempt was last year when the governor fought off an attempt by ward representatives to impeach him.

 In the court papers, the petitioners - Joseck Alwala and Cyril Mukhunji - pray that: "a consequential order be issued that as a result of gross violations of the Constitution and applicable laws of the Republic of Kenya, Ottichilo is unfit to hold public office."

The 21-page petition No 6 of 2021 has listed 123 grounds petitioners believe will see the Vihiga governor declared unfit to continue holding public office.

Dr Ottichillo is the sole respondent while Vihiga County government, Vihiga County Public Service Board and Vihiga County Assembly have been listed as interested parties.

In the court papers filed in court, the petitioners say the county boss presided over the purchase of the Sh23.9 million two-acre land without a procurement plan during the 2017/18 financial year.

The land is at Endeli village that is located on the outskirts of Mbale town and it is being used for the construction of the governor's official residence.

"He supervised the purchase of the land knowing that the purchase of the said property was not in the procurement plan for the Financial Year 2017/18 and that the same did not comply with any of the methods for procurement of goods," the petitioners say in the papers filed in court.

Dr Ottichilo has in the past defended the procurement of the land saying valuation was undertaken by both the government and private surveyors.

Already a building to house the governor's official residence is ongoing with Dr Ottichilo saying the project will help spur development in the sleepy village.

The governor will also fight claims that he irregularly signed a Memorandum of Understanding (MoU) with Kenya Literature Bureau (KLB) for supply of books for youth polytechnics and ECDE centres.

Mr Alwala and Mr Mukhunji, the petitioners, claim the respondent purported to make an executive decision to enter into the MoU.

 On abuse of office, petitioners claim the governor acted ultra vires by creating the offices of chief of staff, liaison, youth liaison and public relations which they say are not provided for in the Vihiga County public service.

Dr Ottichilo will also defend himself against allegations of disobeying court orders and violating the two-thirds gender principle in senior appointments.