A former speaker has been arrested over the irregular hiring of his niece on permanent and pensionable terms. The Ethics and Anti-Corruption Commission (EACC) said it has arrested Daniel Mbaka Omwoyo and David Ondimu Kombo, the Deputy Clerk and former Speaker of the County Assembly of Kisii, respectively, over irregular and unlawful recruitment at Kisii County Assembly.
In a statement on April 8, EACC said the investigations established that Omwoyo irregularly and unlawfully appointed his niece, Everline Maraburi, as a Clerical Officer at the County Assembly.
The Commission explained that Maraburi’s appointment was done without the approval of the County Public Service Board or following the laid down recruitment procedures.
EACC accused Omwoyo of misusing his office and powers further by appointing Maraburi as the Speaker’s Personal Assistant (PA) on permanent and pensionable terms instead of a contract basis as per the regulations.
“Maraburi was irregularly engaged as the Speaker’s Personal Assistant (PA) on permanent and pensionable terms contrary to the Salaries and Remuneration Commission’s Regulations that entitled the Speaker to appoint selected staff, including a PA on contract,” reads part of the statement.
“The former Speaker used his office to confer a benefit by allowing Maraburi to be appointed.”
How Kisii Deputy Clerk was Arrested
Omwoyo was arrested on Monday, April 7, and arraigned before Justice Nyariki at Kisii Law Courts, where he pleaded not guilty to abuse of office charges.
He was released on a cash bail of Ksh 50,000 or a bond of Ksh 100,000 with a surety of a similar amount.
The former Speaker will be arraigned on Tuesday, April 8, on charges of abuse of office.
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What the Law Says About Such Appointments
The law allows County Assembly Speakers to appoint the Clerk of the County Assembly in consultation with the County Assembly Service Board (CASB).
Some of the roles of the Clerk include record-keeping, providing support to the Speaker and Members, and managing the day-to-day operations of the assembly.
However, the appointment should be based on merit, experience, and qualifications in public administration or parliamentary affairs.
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The Speakers also play a role in the formation and appointment of members to various parliamentary committees within County Assembly.
Additionally, the speakers can also be involved in appointment of other staff members of the assembly, such as secretaries, personal assistants, or support staff.
However, this must be done in consultation with CASB.
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