Besieged Siaya Deputy Governor William Oduol has been impeached.
All the 42 members of the Siaya County Assembly on Thursday voted to remove him from office.
The vote was done by way of roll call as per the directions of Speaker George Okode.
This was after the 14-member special committee that was formed to investigate his proposed removal from office found out that Oduol was culpable for gross violation of the Constitution and other laws, abuse of office and gross misconduct.
"After according the deputy governor an opportunity to be heard, the County Assembly resolves to impeach William Odhiambo Oduol on grounds of gross violation of constitution and other laws, misuse of public resources and gross misconduct," Assembly Speaker William Oduol pronounced.
In particular, the Assembly crucified Oduol over interference with procurement process through acts of bid-rigging; bulldozing officers to renovate his office outside the approved budget and misuse of public resources by attending a private (CPAK) meeting in Mombasa in November 2022.
The deputy governor was also indicated by the House over bullying of the Acting Finance and Economic Planning chief officer Jack Odinga and the director of supply chain management Martin Okwatta, and for misleading the public by giving false information.
Okode said he will communicate the decision on Oduol's impeachment to the speaker of the Senate Amazon Kingi within two days.
The speaker also said Oduol will be informed of the assembly's decision.
The committee investigated the allegations as raised in the motion which was moved by East Asembo MCA Gordon Onguru.
The chairperson of the special committee Francis Otiato handed over the report to the Speaker George Okode-led Assembly saying that all the proposed grounds for removal were approved and therefore substantiated.
On June 6, 2023, Oduol was given an opportunity to be heard and he sought to clear his name.
Oduol was accompanied by his lawyers Paul Nyamodi, Aluoch Oduol and Patrick Baraza during the hearings.
In ratifying Oduol's removal, it means the assembly agreed with all the witnesses who made submissions against him.
The witnesses included Okwatta, administration chief officer Joseph Omondi Odinga and CECM Finance and Economic Planning Benedict Omollo.
Others were Education CECM Edgar Otumba, director of public participation Jared Abayo and governance CECM Agunda Ochanda.
The Assembly agreed with the ad hoc committee, establishing Oduol did interfere with the procurement processes of subsidised seeds and fertilisers through acts of bid-rigging.
Otiato reported that Oduol coerced Okwatta to disclose information on some 86 tender documents for road construction.
This, Otiato said, was contrary to procurement laws.
The report also indicated that Oduol had harboured corrupt tendencies in the procurement of furniture worth Sh11.3 million and Sh7 million for the renovation of his office without any budgetary allocation.
"The deputy governor caused incurring of Sh18 million for the purposes of renovating his office and buying furniture despite there being no budget, contrary to Section 53(2) of the Public Procurement Act, 2015," the report reads.
Oduol therefore committed an offense, Otiato said.
"The deputy governor demanded constant and repeated briefings on matters procurement and finance from Acting Chief Officer Jack Odinga despite the fact that Jack Odinga was not directly answerable to him," Otiato told the committee.
"Mr Speaker," Otiato said, "The key of his interest was on procurement and finance, and not from other county departments that are equally important for service provision."
Oduol's actions were contrary to Leadership and Integrity Act, 2012 that prohibits bullying, he said.
The special committee report also established that the deputy governor misled the public over claims that monies allocated for development projects in Alego Usonga like the Siaya Stadium had been re-routed to other subcounties.
The Assembly also noted that the deputy governor had sinned by misleading the public and the Assembly that the County Secretary Joseph Ogutu had in February, 2023 been forced to reduce his period in office as a compromise after he was sent on compulsory leave in October, 2022.
The Assembly also determined that Austine Ogolla, whom Oduol had claimed was interdicted on grounds that he comes from Alego Usonga and associated with the deputy governor, was procedurally sent home.
Otiato explained that Ogolla was not a political affairs officer but a social welfare officer and that he was only fired after misbehavior.
Otiato also told the committee that Ogolla was offered an opportunity to show cause but he did not.
Contributing on the floor of the Assembly, North Sakwa MCA Oliver Arika remarked that "the same person that has been making noise about wastage of public resources is the culprit we have been looking for because Sh18 million was spent in the name of renovation and supply of furniture to his office."
"The same person alleging wastage of resources is actually sitting on a chair costing Sh1. 2 million," he added.
Arika said that Oduol was given a chance but could not prove that Sh21 million was withdrawn from the imprest account on a single day as he (Oduol) had been claiming in the Media.
"The assumption by the deputy governor that any money was transferred using imprest is wrong," Arika said.
The mover of the impeachment motion and East Asembo MCA Gordon Onguru thanked the special committee for finding Oduol culpable on every single accusation that he (Onguru) had levelled against him.
"For the stability of this county of heroes; for the prosperity and growth; for the protection of the image of the people of Siaya; for the realisation of the 'Nyalore' Manifesto, one William Odhiambo Oduol 'Wiu' must go," Onguru said in a charged speech.
Nominated MCA Dorothy Oinga said that Oduol did not obey the principles of integrity and accountability he is not fit to remain in office for that would make him breach Article 10 of the Constitution.
Oinga added that the relationship between Oduol and his boss James Orengo is irreparably broken and it is time to separate them so that the governor can deliver on his manifesto.
Nominated MCA Lorna Adida supported his removal claiming that Oduol is a deputy governor who was obsessed with political ambitions.
"If you allege, you carry the burden of proof. We gave him an opportunity to prove himself against any reasonable doubt, and in full glare of the public media to table evidences but he failed," Onguru said.
"Mr Speaker," Onguru intoned, "Let us take Oduol to the Senate by impeaching him, because that is where he wants to go."
As per the law, Oduol will only stand successfully removed from office if the Senate endorses the decision of the County Assembly.
Already, senators of the ruling United Democratic Alliance (UDA) such as Samson Cherargei (Nandi) and Bony Khalwaleh (Kakamega) have indicated through sections of the press that they will mobilise to rescue Oduol.
Central Gem MCA Sylas Madingu urged senators to use the case of Oduol to, once again, lay bare the functions of a governor and those of deputy governors.
Madingu reiterated that none of the Siaya MCAs had been bribed by anyone to impeach the deputy governor.
