EACC cautions governors over hiring of new staff, fake papers scourge

The Ethics and Anti-Corruption Commission (EACC) has cautioned governors over the sacking of county staff hired under previous regimes and said top managers should vetted for integrity before they are hired.

In a circular to governors, EACC Chief Executive Officer Twalib Mbarak warned that governors who subject existing staff to harassment and nonprocedural sanctions risk legal suits.

“The commission notes that some incoming governors and their administrations are handling existing staff, new recruitments, and pending bills in disregard of the applicable laws, policies, and procedures. Such actions not only render culpable persons to legal liability but may also occasion adverse consequences to county governments, including loss of public funds,” Mr Mbarak said.

This comes following reports of purges on existing staff in several counties following the transition of power at the county level in august.

Several counties, have been reported to conduct headcounts and audits on employees under the previous administration in an apparent move to regularise employment, weed out ghost workers and tame mushrooming wage bills. Similarly, the ethics and anti-corruption body wants the newly sworn in governors to adhere to legal provisions while hiring new staff amid reports of employment of unqualified staff to county posts.

“The commission expects all such recruitments to be carried out strictly in compliance with, and adherence to existing policies, procedures, and the law. Except for County Executive Committee (CEC) Members, the mandate to carry out staff recruitment is vested in the County Public Service Boards and any purported performance of this function by any other authority constitutes a violation of the law and abuse of office,” EACC boss noted.

EACC said it is investigation reports that unqualified employees had been recruited to county government posts.

“The commission is investigating various reports alleging various malpractices including the recruitment of unqualified staff contrary to the law. Persons found to be in breach of the law will be subjected to the applicable sanctions, including criminal prosecution and liability to compensate for any loss of public funds occasioned by the unlawful, irregular, or nonprocedural actions, “the ethics body said.

In the circular, EACC also noted there was some willingness by incoming governors to work with staff who had been hired by the previous regimes.

“Some Governors have expressed unwillingness to work with certain members of staff who had been hired by the previous regimes. In some instances, such staff are being threatened with sacking, dismissals, or subjected to unwarranted, illegal, or nonprocedural disciplinary procedures aimed at forcing their exit from office,” the EACC boss said.

Governors have been advised to adhere to laid out regulations to handle any disciplinary issues that may arise with employees.

“The commission advises that where any disciplinary process is envisaged against existing county staff, the same must be carried out strictly in compliance with, and adherence to existing policies, procedures and the law, with due regard to fair administrative action and legitimate expectation by the affected member of staff,” Mr Mbarak said.

Threats by several governors to not pay pending bills have also caught the attention of the EACC with commission warning against nonpayment of lawfully incurred bills. This comes amid concerns over existence of illegal pending bills which may be used as an avenue to embezzle public funds.

“The commission takes cognizance that some Governors have inherited pending bills from the outgoing administrations and some have out rightly indicated that they will not honour such bills. This is notwithstanding the fact that some pending bills may have been lawfully incurred,” the EACC chief executive said.

EACC said it is ready to investigate suspicious pending bills that may be flagged by the new county administrations.

“The commission advises all county governments to adopt an objective approach in managing pending bills, which may include constituting committees to verify any pending bills to inform settlement decisions. Suspicious claims should be referred to the commission for investigation or other appropriate action,” CEO Mbarak said in the circular.