Kwale county assembly clerk Hamisi Bweni Dzila is on the spot for failing to appear before a special eleven-member committee.
The committee, which comprises MCAs, summoned him to respond to allegations of procurement irregularities.
Dzila is accused of insubordination and authorising or approving payments from the assembly's accounts without the approval of the county assembly service board.
The board alleges that Dzila bought six phones: four Samsung Galaxy Note 10 Plus and two iPhones worth Sh732, 000 and issued them to some staff without the approval of the board.
On Monday, Dzila snubbed the meeting and sent the committee an email through his lawyer, stating the reasons why he couldn't attend.
However, the committee read the letter privately and the media was unable to get a copy of it.
But his absence antagonised the eleven-member committee who accused him of rudeness and intentionally skipping the grilling.
The committee chairperson Patrick Mangale Nyawa said the sitting was to allow Dzila to respond to the accusations for a fair trial.
"The board filed complaints against Dzila, and our role is to investigate to find out if the clerk is guilty or not," he said.
According to Nyawa, the county assembly, through the board, has been having an engagement with Dzila since 2020 over the same issue.
He said the board had earlier terminated his contract for being on probation but the clerk disputed the case in court and was reinstated.
Nyawa said the court battle continued up to May when the case was finalised.
He said the board further drafted a notice of motion and presented it to the county assembly seeking the removal of the clerk from office.
Since Thursday last week, the committee has been summoning some of the officers involved in the scandal for questioning.
On Monday it was the clerk and the head of procurement officer John Kalu's turn to defend themselves.
The committee is accusing Kalu of colluding with Dzila, who is his boss, in violating the procurement laws and legal process in buying and issuing government property.
Appearing before the committee, Kalu said he can't be penalised for his boss's mistakes.
"He is my boss. I did as he instructed because he is not a person who you can just say no. I would wish you put yourself in my shoes," he said.
But the committee, led by Nyawa, said he had a role to ensure the right procedures were followed and protect the law.
"You are telling this committee all these things happened under your watch. As a procurement officer you had the mandate to question and do the right thing," Nyawa said.
Speaking during an interview outside the county assembly in Kwale town, Nyawa said the committee wanted to hear from Kalu if the phones were bought and issued to the staff.
Nyawa said the committee confirmed having seen the delivery notes, and local service order among other documents, but questioned the manner in which they were procured and distributed.
They also wanted to know exactly who received the phones, why and if proper documentation was done to help safeguard the public resources.
Meanwhile, the committee will be seeking legal advice from the assembly lawyers on how to address Dzila's case after failing to appear for grilling.
In a phone interview, Dzila said he wasn't guilty and referred me to the committee for more details.
He said the facts explaining his innocence are with the committee because they have been in court for about two years.
"I have no problem with you doing your job. Just do the right thing. Let them give you all the evidence because they are in the office," he said.
(edited by Amol Awuor)
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