Weekly Citizen

MCAs recant Vihiga finance boss impeachment – Weekly Citizen


Vihiga county assembly has moved with speed to save Alfred Indeche, county executive committee member in charge of finance and economic planning from losing his job, by recanting their earlier impeachment of 2018. The case that had been filed by Indeche at the Employment and Labour Relations Court challenging the impeachment had gone through all court processes, and was nearing judgment when MCAs through the assembly principal legal counsel Francis Otieno wrote a consent letter to th court’s deputy registrar withdrawing the impeachment. An MCA told Weekly Citizen that there is growing discontent in the assembly as Governor Wilber Ottichilo lobbying a section of them, to defend his lieutenants specifically from Bunyore and his government. “Kindly record the following order by consent of the parties herein that the proceedings conducted by the Vihiga county assembly on August 2 2018 for the removal of the petitioner from the position of county executive committee member in charge of finance and economic planning was conducted in violation of Articles 10, 41 and 47 of the Constitution of Kenya and the Vihiga County Assembly Standing Order No. 69 (9), and hence unconstitutional,” the consent letter reads. It is the first time a county assembly is recanting an impeachment and locals now fear that Indeche might sue them for damages running into millions of shillings, causing the county unnecessary loss. Locals have however expressed displeasure as Indeche’s co-accused executive Marita Agufana, a Maragoli, has already been sacked after the same court approved in June that the process the county assembly undertook was procedural and legal. Justice Mathews Nduma through an online ruling delivered at Nairobi on June 25, noted the county assembly followed due process of impeaching Agufana and therefore she could not enjoy reliefs she was seeking from the court. “The petition lacks merit and the court finds that the petitioner is not entitled to the reliefs sought,” Justice Nduma ruled. In 2018, MCAs unanimously approved Indeche of finance and his gender, youths, sports and culture counterpart Agufana and their respective chief officers Livingstone Imbayi and Clement Manyulu be investigated and dismissed. The decision was reached at, following revelations by Agufana that they had transferred Sh18 million to a discreet account illegally to avoid it being rechanneled to the Central Bank at the lapse of 2017/18 financial year. The money was meant for sporting activities. Three motions were tabled by MCAs Eric Odei (Gisambai), Douglas Beru (Shamakhokho) and Wycliffe Masini (Mungoma) for the impeachments and two ad hoc committees formed to finalise the process.
In August, Marita petitioned the speaker, clerk, county assembly, county secretary, county public service board and the governor challenging the decision to have her dismissed, and got temporary orders to stay in office while the case was being heard. After the ruling, Ottichilo quickly dismissed Agufana from office, and fearing that the same ruling would be delivered in the separate petition 52 of 2018 filed by Indeche through Muguro and Associates Advocates, he moved to start coercing MCAs to save him.



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