- The interdicted officers led by former County Secretary Joseph Wambati said the accusations were false and malicious.
- Makokha said the court upheld the interdiction of the former officers to pave way for the swearing in.
Image: TONY WAFULA
The seven officers who were interdicted are now claiming that Governor Ken Lusaka’s new Chief Officers who were sworn in on Monday are illegally in office.
The officers who were sworn in include; Everlyne Wekesa (Public Service and Management and Administration), Reuben Wambwa (Chief Officer Trade) and Robert Simiyu (Agriculture).
The interdicted officers who were accused of abuse of office and corruption-related charges, later rushed to court to stop their interdiction arguing they were unlawfully sent home.
They included Abidan Kapchanga (Chief Officer public administration), Isaac Mukenya (Chief officer governor’s office), Isaac Aruput (Agriculture and livestock), Dr Chris Nyongesa (chief officer office of the county secretary), Maurice Marango (chief officer roads and public works) and Wakoli Wambati (County secretary).
Speaking to the press on Tuesday at Mabanga ATC, the interdicted officers led by former County Secretary Joseph Wambati said the accusations were false and malicious.
“All the accusations levied against us are false and malicious, we have honoured the summon but the disciplinary committee is not coming out clear to tell us where we went wrong,” Wambati told the Star.
He called on the committee to follow the law to ensure public servants are not persecuted, adding that they have pitched camp at the institution to ensure justice is served.
Wambati said the accused has the right to be present before the disciplinary committee.
Ariston Muchela, the petitioners’ lawyer, said governor Lusaka breached the law to swear in the new chief officers when the disciplinary process is still on.
He added that Section 67 of the Public Service Act states clearly that when the disciplinary process is still ongoing, the officer facing the disciplinary action should not be replaced until the process is completed.
“For this situation the interdicted officers are still undergoing the disciplinary action and Lusaka should have waited for the case determination,” Muchela said.
The lawyer said the officers are still earning from the County government, adding that it is misuse of public resources.
Muchela said Lusaka did not need a court order preventing him from swearing in the new chief officers but instead he should have followed the public service law.
“This kind of impunity should be stopped and allow public service officers to execute their roles constitutionally without favour,” he added.
But in defence Bungoma County attorney Amos Makokha said that during the swearing in, Lusaka did not receive an injunction restraining him from swearing in of the new officers.
Makokha said the court upheld the interdiction of the former officers to pave way for the swearing in.
“The ban was lifted by the court, we obeyed the order and the new chief officers were sworn on Monday,” Makokha told the Star.
“Bungoma is a law abiding county and we follow the law and regulations.”
Makokha however, asked the petitioners to follow the law if any law was breached.
“The courts are open and the petitioners should follow the law if need be,” he said.
Makokha said the disciplinary process for the interdicted officers is still on, adding that every officer is scheduled to appear before the committee.