- The four had filed a petition to the Kakamega ELRC in December 2023 seeking to overturn the verdict of the Kakamega county assembly to impeach them.
- Judge Jemimah Keli reinstated them on June 6 and awarded then compensation of Sh1 million each.
Image: HILTON OTENYO
The four members of the Kakamega County Public Service Board reinstated by court after impeachment have served the county government a notice for contempt after stoppage of their salaries.
The four; Catherine Omweno (chairperson) and members Stanley Were, Raph Wangatia and Joel Omukoko, have given the county government 72 hours to restore them to the pay roll.
They are also calling for smooth continuity with their duty and settle their July, 2024 salaries with an undertaking to honour such subsequent salaries as due until such further and or other directions of the courts.
Through Nyikuli, Shifwoka & Company Advocates, the four said the county was in violation of the Employment and Labour Relations Land Court orders that reinstated them to office and barred the county from replacing them.
“Take notice that unless the foregoing is complied with within 72 hours from the date and day hereof, we shall have no alternative but to institute contempt proceedings against yourselves without any further reference to yourselves at the risk of civil imprisonment for a period not exceeding six months or fine as may discretionarily be levied by court,” the notice reads.
The notice is dated August 2 and addressed to Governor Fernandes Barasa, county assembly clerk Donald Manyala, county assembly speaker James Namatsi, county secretary Lawrence Omuhaka and the county government.
The county government’s application to the Court of Appeal to stay execution of the ELRC ruling that reinstated the four and awarded them damages, was partially declined as the stay was only granted on payment of awards but resumption of office was declined.
“We had anticipated a mutually cordial, non-confrontational and respectful optimum compliance with the same in ensuring the people of Kakamega continue accessing service from the offices of the petitioners as we soar to greater heights even as the Court of Appeal's judgment is awaited,” it read.
“It is regrettable that we have to come to this level and raise these issues with yourselves on the exhibited deliberate non-compliance with the courts' orders and decrees, in the hope that the same may have been out of either inadvertence, non- advice, misinformation and or innocent mistake.”
But County secretary Omuhaka acknowledged receiving notice but said the county never sued the board members.
He said they were removed from the payroll on the strength of a letter by the county assembly which asked the executive to remove them from the payroll because they had been impeached.
“I have seen the notice on WhatsApp and email and we cannot respond because it’s the assembly that removed them. We have not received any communication stating the contrary to what it told us earlier that led to their removal from the payroll,” he said.
Clerk Manyala and speaker Namatsi could not be reached for comment as they did not answer calls or reply to text messages.
The four had filed a petition to the Kakamega ELRC in December 2023 seeking to overturn the verdict of the Kakamega county assembly to impeach them.
Judge Jemimah Keli reinstated them on June 6 and awarded then compensation of Sh1 million each.
But the county government and country assembly filed a notice of appeal against the ruling seeking orders to stay execution of the ruling pending their appeal.
The county government and assembly sought stay orders at the Court of Appeal in Kisumu but a three judge bench of justices Hanna Okwengu, H.A. Omondi and Joel Ngugi declined to hear the interlocutory applications seeking the stay and opted to proceed with hearing of the substantive appeals.