- Edwin Shivakale filed his notice of withdrawal on April 15.
- The respondents’ legal counsel led by Calustus Shifwoka consented the withdrawal.
Image: HILTON OTENYO
One of the two petitioners who had filed petitions seeking the removal of the Kakamega County Public Service Board has withdrawn his complaint.
Edwin Shivakale filed his notice of withdrawal on April 15. But it was communicated to the respondents on Tuesday by the chairman of the assembly’s Public Service and Administration committee Willis Opuka.
Opuka said his committee will write its report to the assembly.
Hearing of Shivakale's petition failed to begin on Monday after he failed to show up before the committee at the assembly.
“Take notice that Edwin Shivakale Skem, the petitioner here in, do hereby and unconditionally withdraw his petition dated February 23, 2023, against the respondents chairperson and members of Kakamega County Public Service Board,” the notice read.
The respondents’ legal counsel led by Calustus Shifwoka consented the withdrawal.
During preliminary hearing on April 13, the respondents' lawyers read politics in the two petitions before the assembly.
Ken Echesa, one of the four lawyers representing the six said the petitions were politically motivated and turned into persecution of board members.
Shifwoka said the petitions were simply politics at play. "We are yet to see any substantive reason as to why the petitioners want the board to be removed," he said.
Those targeted for removal are Catherine Omweno (chairperson) John Wanyama, Stanley Were, Joel Omukoko, Silvia Otunga and Ralpha Wangatia. They were sworn into office on July 30, 2019.
Board secretary Catherine Gathoni is not on trial because she was not named in the two petitions.
Shivakale had in his petition accused six of the seven board members of violating relevant laws, regulations and policies on recruitments it conducted.
He said the board recruited 447 revenue clerks without cabinet approval, failure by the board to adhere to contractual appointment procedures and staff replacement processes.
He said a job applicant did not disclose factual information during application.
He said the board forwarded CVs for some applicants to County Executive Committee Member for Finance, Economic Planning and ICT without justification.
He said that a board member Stanley Were was arrested on October 23, 2022, and detained at Kakamega Police Station vide OB number 87/17/09/2022, over allegations of soliciting bribes in conspiracy with one Christen Juma from shortlisted candidate for chief officers, so she could be employed by the county government.
He said the member’s conduct was intended to bring out contempt of disaffection and in fact excited disaffection and casted aspersion towards the board as established by the constitution and the County Government Act.
“The mentioned member's conduct was meant to sabotage and frustrate fair recruitment of chief officers of the county government of Kakamega through favouritism by the board and was made for the selfish interest and not in the best interest of the people of Kenya and Kakamega in particular,” he said.
The second petition filed by Alex Shikanga will be heard starting Wednesday