Blow to Ottichilo as Labour court reinstates sacked CECs
Vihiga County Assembly during a session to discuss the impeachment of four CECs on May 27, 2021. The Labour court on September 5, 2021 reinstated the four.
The Employment and Labour Relations Court has reinstated four Vihiga CECs who were sacked by Governor Wilber Ottichilo three months ago over claims of gross misconduct and abuse of office.
The court has reversed Dr Ottichilo's decision to dismiss Pamela Kimwele (Public Service), Amos Kutwa (Health), Paul Mbuni (Lands) and Kenneth Keseko (Trade) from office and ordered the governor to allow them access their offices.
At the time he dismissed them from office on June 22, Dr Ottichilo said he was acting on the resolution made by the county assembly to impeach the four amid intensified infighting within his executive.
The four moved to court to challenge their removal.
Justice Christine Baari ordered that the four, who have sued Dr Ottichilo, be reinstated in their positions following the application they filed through lawyer Geoffrey Sore who once served as the legal advisor to the Vihiga governor.
Deputy governor’s allies
The four CECs are allies of Deputy Governor Patrick Saisi who has also fallen out with Dr Ottichilo, slowing service delivery by the executive.
Dr Saisi has demanded that the four be reinstated as one of the conditions for him to agree to a truce with Dr Ottichilo.
While certifying their application urgent, Justice Baari granted leave to the applicants to institute judicial review proceedings against the governor.
Following the order, the applicants are also free to institute judicial review proceedings seeking for an order blocking Dr Ottichilo from nominating or appointing any other persons to fill the four positions.
New nominees
The Nation has established that the governor has since forwarded four nominees to the assembly for vetting and subsequent appointment.
Tabling of the names as well as the vetting is yet to take place more than a month since the list was received by the assembly, with no word on the reason why the exercise stalled.
Justice Baari further allowed the four CECs to institute judicial review proceedings seeking for an order of mandamus compelling the governor to accord them all the benefits accruing to them as county executives.
When he dismissed them, Dr Ottichilo immediately filled their positions with others in acting capacity, saying the move would enable government operations to flow seamlessly.
At the time, Ms Kimwele's plum post was handed to Mrs Mary Amalemba, who is also the Water CEC while Dr Kutwa's Health docket was put under Prof Justus Inonda, the Transport and Infrastructure executive.
The Lands department that was under Mr Mbuni is now under Education Executive Henry Lumbasio.
The Trade docket that was under Mr Keseko was handed to Mr Geoffrey Vukaya as the substantive holder.
“Following the resolution of the county assembly of Vihiga approving the report of the select committee to have four of my CEC members dismissed, I have complied and immediately effected the dismissals,” Dr Ottichilo said on June 22.
He said he did so in compliance with Section 31(b) as read together with Sections 40(a), (b), (c) and (d) and (5b) and 6(a) and (b) of the County Governments Act as amended by the County Governments Act, 2020.
