Intense leadership wrangles have rocked the Nairobi County Assembly amid ouster bid against the embattled Speaker Kennedy Ng’ondi over alleged employment malpractices within the assembly.
According to a court case filed by a human rights crusader Francis Awino, Ng’ondi who serves as the chairperson of the Nairobi County Service Board hired the said employees in violation of the Salaries and Remuneration Commission (SRC) Circular, 2023 which only allows for a maximum of five staff members.
Documents filed before High Court judge Mugure Thande, the Speaker is said to have hired a total of twelve members of staff instead of five required by the law.
Further, those hired are said to be close relatives of senior officials serving at the Nairobi County Assembly some including their sons and daughters recruited irregularly through nepotism and favouritsm.
In the suit, Awino says that Ng’ondi allegedly hired three personal drivers, three secretaries, and a communication officer who is allegedly a former Gatina Ward Member of County Assembly.
“The Petitioner avers that the Respondent, who also serves as the chair of the County Service Board has irregularly and unlawfully hired 12 employees to serve in his office. This is despite the fact that the Salaries & Remuneration Commission Circular, 2023 has only allowed for a maximum of 5 staff members in the office of the County Speaker.” Some of the documents filed in court reads in part.
At the same time, the petitioner also claims that the Nairobi County has employees directly linked to MCAs.
In the suit, he has cited two employees who are allegedly a son and a daughter to two MCAs.
“To name but a few, Catherine Apiyo Okoth who is the nominated MCA with ODM Party, the respondent has facilitated the employment of her daughter Winnie at the administration department of the County Assembly while Emily Oduor has employed her daughter miss Oduor at the Legal Department of the County Assembly.”
He adds: “Unrelenting with the irregular appointments, Wilfred Oluoch who is the MCA Mabatini Ward and the chairman of the Budget Committee has employed his son Pinto Odar as a Finance Officer of the County Assembly.”
In addition, he claimed there are employees who were hired without a competitive process.
“Worse, the remaining five staff are ghost workers and cannot be accounted for. Their identity remains unknown despite their names reflecting as staff working in the Respondent’s office,” he says.
He also accuses the Speaker of facilitating the unlawful employment of relatives of some members of the County Assembly of Nairobi claiming all the positions were not advertised by the County Assembly Service Board as required by law.
“No shortlisting and eventual interviews of the appointees was ever conducted or any publishing of their names in the print media; a clear manifestation to the extent of flouting of the Constitution by the Respondent,” he claims.
According to Awino, the lack of any advertisement for the job and shortlisting of the candidates failed to allow selection of the employees on the basis of personal integrity, competence and suitability of the interested applicants.
“The failure as required by the law to advertise the positions irregularly filled denied other competent residents of Nairobi and Kenya the right to apply and compete for appointment and or selection on merit.” The petitioner adds in part.
He wants the court to declare the appointment of the 12 members of staff together with the employment of the relatives of MCAs is discriminatory and influenced by nepotism, favouritism and corrupt practices.
In order to demonstrate his case, he has turned to the Holy Bible and claimed that even the most charismatic leaders can lose their path. He told Justice Mugure Thande the story of King Saul.
“The story of Solomon is another such powerful story that demonstrates that even the wisest among us can lose their way as leaders; that leadership should never be about the quest for wealth, unbridled fame and power and unfair gain over those who placed one in that seat.” The documents say.
He has named the Ethics and Anti-Corruption Commission as an interested party in the suit.
He accused the Eacc of ignoring complaints about staff recruitment in Nairobi.
“There are overwhelming illegalities, irregularities and circumvention of the law that was done by the Speaker within the County Assembly of Nairobi.” Awino says in court documents.
He also seeks an order declaring the act of the speaker as an abuse of office and corruption and therefore the appointments should be quashed.
Additionally, he also wants the court to direct the Public Service Commission (PSC) to conduct fresh interviews and appointments of the recommended members to serve in the Speaker’s office.