Dark clouds over viability of Vihiga county as residents seek dissolution

A scribe put it more elegantly that when it rains, it pours on the Vihiga county government. The imbroglio underway is in the realm of myth-making, yet it is happening in real time.

Under Governor Wilber Ottichilo, the county government is embroidered in endless protest and litigation. What happened to the best performing MP before becoming governor?

From overstaffing and an ever-galloping wage bill and strikes, workers slapped the county with myriad cases of wrongful dismissal and non-remittance of wages for months on end. Contractors are in tow winning a string of cases on non-payment of historical bills. Ottichilo is in dire straits as he fights claims of abuse of office and being unfit to hold office.

On the sidelines are problems, some natural but most nurtured. A mortuary under construction collapsed and a worker perished. Poor workmanship resulting from opaque tendering was alleged. A Doctor’s Plaza started by the predecessor remains incomplete, even after being scaled down and millions spent. The health sector is in shambles.

A Sh60 million four-story “data centre” building is cracked and uninhabitable. An outcry and petition for accountability over use of the Sh250 million a-year World Bank Mbale Municipality beatification funds is in limbo.

The Belgian-funded Sh1.8 billion Vihiga Cluster Water Project’s snail pace implementation, also inaugurated under his predecessor, is behind schedule by two years and is a subject of mockery. The muddied roads ostensibly contracted to MCAs under a negotiated Ward-Based Development Programme are a pedestrian and motorists’ nightmare. Yet millions are sunk in.

Systems and processes are broken down leading to gaps through which pilferage finds open space. Claims are that a “personalised” procurement system controlled by a coterie in the executive is like the Wailing Wall where contractors go with inducement in exchange for payment.

And a string of county court loses are allegedly deliberate to pilfer through legal representation. Such are the frightening travails of a tiny county measuring 563 km², a population of 531,629 and revenue of Sh5 billion that could be a model county.

In the background loom accusations of an alleged ethnic purge.

Ottichilo’s attempt to sack half the county executives through impeachment collapsed after the majority party in the assembly, ANC, called its troops off the motion citing integrity issues.

“While the ANC has no intention of interfering in the work of the County Assembly of Vihiga, the party has the responsibility to advice and guide its members to adopt and pursue in the interest of the Party and in public interest."

"The party hereby instructs its members not to participate in what is obviously a compromised and flawed process with serious questions about the independence, integrity, credibility and even legitimacy of the County Assembly of Vihiga”, cautioned national chairman Kelvin Lunani in a letter to Majority leader Henry Asava.

PETITION FOR DISSOLUTION

But the compelling elephant in the room is a public petition to President Uhuru Kenyatta to suspend the county government launched on Sunday. Both the executive and assembly are in a bind here: If successful, both will go should the President be obliged under Article 192(1) (b) of the Constitution to suspend the county government.

The petitioners require only 28,000 registered voters out of 280,000 to sign on. As of close of business Monday, a day after its launch, the petition had already gathered 15,000 signatures. Given this enthusiasm and momentum, the county government should doubt its success at its own peril. There is predictable avalanche of pent-up civic outpouring of grievance in the petition. The petitioners list four impenetrable grounds:

First, Governor Ottichilo is indicted for “persistent gross violation of the Constitution, written national and county laws, and contemptuous disobedience of numerous valid Court orders at a high cost to the citizens of Vihiga county”.

ALLEGATIONS AGAINST OTTICHILO 

Under this broad brush are cited transgressions that forced citizens to take him to court; and that his deliberate disobedience of court orders is now taking a toll on county finances. Several caseloads, amounts spent, pending bills and accruing interest due are the backup.

Second, Ottichilo is accused of unconstitutional, illegal and irregular employment of unqualified persons to the financial detriment of Vihiga residents. Cited cases involve unilateral creation of subcounty and youth liaison offices and the purported setting up of terms and conditions of service of county public service officers; unqualified personnel in the Supply Chain Management directorate, current and former Governor’s Chief of Staff; and Communications director.

Third, he’s accused of “personalising Executive Authority, nepotism and ethnic division in the County”.

On this count, indictments include usurpation of the constitutional authority and powers of the county executive committee and individual executives, director Supply Chain Management and three members of one family. Much like what damned the Wajir governor, this claim is more serious when considering the three are senior officers in the county accused of conspiracy to defraud.

Four is alleged theft through the county’s payroll apparently through ghost workers.

“It is estimated that more than Sh40 million is lost, stolen and/or pilfered through the payroll every month. In June 2018, around 850 members of the county staff were removed when their contracts expired. Instead of the wage bill going down, it shot to about Sh80 million. This plunder is well noted in reports of the Controller of Budget,” the petitioners say.

Lastly, the county assembly is enjoined under scathing attack on collusion, facilitation and abetting the governor’s alleged wrongdoings through distortions and deliberate failure in its oversight role that would otherwise restrain Ottichillo from engaging in the claimed violations, “in exchange for unlawful inducements”.

Devolution is meant to be incubator for the economic take-off of the country by empowering and equitably uplifting Kenyans’ livelihoods, and thus wealth and employment creation. Devolution’s other synonym isn’t devouring of public resources. Plunder isn’t any of the functions of county governments. Unless arrested at this nascent stage, looting in counties will sink this country.

Fact is, under Ottichilo, Vihiga county hasn’t performed well. After the excuse of planning for two years, project implementation has been his Achilles heel anchored only by repetitious promises and denial of graft.

Unsolicited advice to MCAs at a face-saving presser, find a technical retreat and turn tables on the governor. You’ve enough investigative committee evidence in which you purport to “advice” rather than indict him. You could save the county that way.