Baringo MCAs have passed a motion to sack the county assembly clerk Joseph Koech.
Fistfights ruled the air after 25 against 18 voted to support the motion, tabled by Koloa MCA Solomon Makal.
The heated debate, which started around 2pm, lasted for 11 hours until midnight.
“We gave him (Koech) humble time through an 11-member select committee to explain himself over many ethical issues but he proved adamant by not turning up,” committee chairman Joseph Ole’ Barsalach (Ilchamus ward) said.
But Tenges ward MCA Silas Tochim, Nelson Lotela (Silale), Reuben Chepsongol (Bartabwa), Joel Kipchew (Kabartonjo-Ossen), nominated MCAs Francis Kibai, Betty Birchoko and Safina Chelagat defended the embattled clerk saying he was not fairly given time to explain himself even after excusing himself on medical grounds.
Koech, who comes from Nandi county, took office in 2013 and is battling court cases related to abuse of office.
His supporters said the assembly would suffer if Koech challenges the MCAs' decision in court and wins.
“I foresee a court battle thereafter which might put this house in an awkward situation” Tochim said.
Koech, who was put on compulsory leave last month by the assembly’s public service board, declined to appear before the house select committee at the Kenya School of Government-Kabarnet on Monday.
His lawyer, Muzembi Ndolo, defended his client saying he was very sick so he could not mange to attend.
"I don’t know even whether my client is still alive or dead by now because we did not meet face by face, I just received his sickness report through a message from a relative," Ndolo said.
He said he was ready for any verdict and would take legal action.
“This is not about sympathising with Koech but it is about lack of integrity as provided in the evidence. It is for the good of the county that we beseech our members to be objective and accept the removal of the incompetent clerk,” Marigat MCA Nixon Lemlem said.
He was backed by the assembly Deputy Speaker Ameja Zelemoi (Churo-Amaya), majority leader Lawi Kipchumba (Lembus-Kwen), Kipruto Kimosop (Mochongoi), Richard Cherem (Saimo- Soi), John Aengwo (Saimo-Kipsaraman), Julius Ngotie (Eldama-Ravine), Jacob Cheboiwo (Kisanana), Musa Cheruiyot (Lembus-Perkerra), Maria Losile (Loyamorok), Sam Lokales (Tirioko), Ernest Kibet (Kabarnet) and nominated MCAs Francisca Cheburet and Caroline Kessei.
The assembly speaker David Kiplagat ruled that the clerk will be paid his pending dues in full as he exits from service.
Accusations
A letter dated March 21 accuses Koech of incompetence, misuse of public funds, displaying conflict of interest and failure to respond to numerous internal audit queries.
Others are incapacity to advise the county assembly accordingly, failure to execute service board resolutions on timely basis, insubordination of the service board by offering irregular, discriminative and skewed employment placements and illegal promotion of officers.
He is also accused of frequent delay or nonpayment of statutory deductions, money owed by suppliers and allowances for MCAs and staff.
“But this assembly will be setting a very bad precedence upon removal of the clerk illegally without considering the pending court cases and also not giving him chance to defend himself,” Chepsongol said
He said those who supported the motion were out to crucify Koech by removing him in order to settle their own personal scores.
“Really if he was genuinely a hindrance then since he was suspended last month from office, why are we still experiencing delays of salaries and unsettled allowances,” Chepsongol said.
He said if there were traces of corruption then the Ethics and Anti-corruption (EACC) should have instead been called to investigate the individuals.
Tochim concluded saying it is now evident the house is divided politically going forward until 2022.
