• On Tuesday, the House unanimously resolved that a constitutional petition be filed by the assembly at the High Court in Siaya to find the DG unfit to hold public office.
• They said the decision of the Senate did not exculpate the deputy governor from culpability the house resolve that a constitutional petition be filed at the High Court.
Image: FILE
The battle between Siaya deputy governor William Oduol and the county assembly is far from over.
Just a day after the Senate overturned a decision by the MCAs to impeach him, the assembly has now taken the war to the High Court.
On Tuesday, the House unanimously resolved that a constitutional petition be filed by the assembly at the High Court in Siaya to find the DG unfit to hold public office.
This followed the adoption of a notice of motion sponsored by the Ukwala MCA Peter Oduor.
The motion was hinged on the fact that the Senate special committee that investigated the removal of the DG by impeachment found Oduol guilty of the charge of gross violation of the Constitution and other laws on the allegations of interference with procurement process.
That the committee further found him guilty on the charge of abuse of office and gross misconduct on the allegations of misleading the public by giving false information.
"Noting that the Senate plenary voting on the report of the special committee failed to remove from office the deputy governor by impeachment and considering that the decision of the Senate did not exculpate the deputy governor from culpability the house resolve that a constitutional petition be filed at the High Court," the resolution reads in part.
The assembly also petitioned the Ethics and Anti-Corruption Commission to investigate and establish that Oduol is culpable for violation of Article 10 and 232(1)(f)of the Constitution as read with Section 29 of the Leadership and Integrity Act ,2012, Section 19 of the Public Office Ethics Act, 2003.
They also petitioned the DCI to investigate and establish, with a view of prosecution, the role of the DG in alleged interference with the procurement of seeds and fertiliser contrary to Article 227(1) of the Constitution as read with Section 176(1)(d) of Public Procurement and Disposal Act,2015.
The assembly further petitioned DCI to investigate and establish the role of the DG in the process of the renovations and purchase of furniture of his office allegedly without budgetary provisions.
The MCAs further recommended that the CEC for Finance to ensure that no payment is made to the suppliers and contractors who supplied furniture and carried out the said renovations pending the conclusion of the investigations.
Chairs at Oduol's office allegedly cost Sh11.3 million while the renovations cost Sh4.9 million according to documents tabled before the assembly and the Senate during the impeachment process.
Amongst other recommendations, the ward representatives also asked the chief officer in charge of governance to ensure the office of the DG is vacated and the controversial furniture preserved pending conclusion of the investigations.
They proposed that the DG be given an alternative office pending the probe by DCI and EACC.
They also asked governor James Orengo to revoke an earlier directive he issued on October 6 directing county officers to report to the DG or give him briefings.
The MCAs further asked the governor to stop assigning Oduol any roles in the management of the affairs of Siaya county government until the suggested investigations are completed.