The Mt Kenya Times 
Benson Atika a petitioner with his legal team at Kisii County assembly during the ongoing petition
By Elizabeth Angira
Worth Noting:
- Atika said that he has written to the Kisii county government and requested for information pursuant to article 35 of the constitution of Kenya 2010, and having analyzed the same verily that the Kisii county public service board Jackson Bogonko Ondiba, Patrick Mogusu momanyi, John Machuka Ndege and Judy Omare Nyakerario have diverse dates committed serious violation of Kenya including violation of chapter six
- Atika cited that the board serious violated written law inclusive of the country government act 20132 public finance act ,2013and regulations thereof 2015.
- It also grosses misconduct in the performance of their duties, while carrying out their functions of the office.
The Kisii Assembly Labour Committee members have wrapped up the grilling of the Public Service Board officials even as Board chair Nancy Nyamwange made a strong case objecting to the petition seeking their sacking.
She said the disbandment of the board cannot be done on the ‘low value evidence’ submitted by petitioner Benson Atika throughout the two-week sittings.
A similar defence was made by board commissioner, Judy Omae, who said their actions as the board were above reproach.
This was after Benson Atika a resident of Kiamokama petitioned Kisii county assembly to remove Kisii county service board members
On the petition he stated that on september3, 2022 Kisii county governor declared that there were ghost workers leading to a bloated county wage bill.
Atika said that he has written to the Kisii county government and requested for information pursuant to article 35 of the constitution of Kenya 2010, and having analyzed the same verily that the Kisii county public service board Jackson Bogonko Ondiba, Patrick Mogusu momanyi, John Machuka Ndege and Judy Omare Nyakerario have diverse dates committed serious violation of Kenya including violation of chapter six
Atika cited that the board serious violated written law inclusive of the country government act 20132 public finance act ,2013and regulations thereof 2015.
It also grosses misconduct in the performance of their duties, while carrying out their functions of the office.
He pointed out that the board members have deliberately circumvented the law on recruitment by engaging and converting purported casual employment to contract and subsequently permanent and pensionable.
The board members have made promotions to employees without following the laid down laws and regulations and failed to provide for human resource and career development practices.
The board members have failed to comply with the binding constitution and statutory principles of public finance while discharging the mandate.
The board members have failed to file and publish mandatory reports before the county assembly as required by the law.
The chair of the board illegally accepted appointment extending her nonrenewable contract in office
He requested the county assembly to the remove the office of Kisii county service board members pursuant to article 251(1) of the constitution.
Nyacheki Ward MCA Naftal Onkoba the chair of committee and has been presiding the two-week marathon sittings.
Other members in the committee are Onchonga Saizi (Sensi), Peter Otachi (Monyerero), Denis Ombachi (Marani) and Jacob Bagaka (Masige East, also Deputy Speaker
Also in the committee are nominees Lilian Omundi and Celestine Mose.
Atika, through Counsel Paul Nyamondi is seeking the disbandment of the board and the subsequent dismissal of the office holders.
Atika accuses the board of committing illegalities in the re-engaging staff, some who are beyond their mandatory retirement age.
The legal defence led counsel Mogusu Nyamweya asked the Labour Committee to excercise fairness and justice as they retreat to write the report.
Nyamwange, in the hour long grilling vehemently denied the charge of ghost workers in the County.
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