Suspended Clerk halts ouster

The Employment and Labour Relations Court today stopped the suspension and replacement of former Machakos County Assembly Clerk  Mr Joseph Mutisya.

Justice B.Manani issued a  conservatory order, staying the decision made by the Machakos County Assembly Service Board on November 14,2023, 

The board suspended the clerk for 14 days during which he must respond to three allegations of official impropriety. 

The  Nairobi court further stopped the County Assembly Public Service Board from instituting removal proceedings against the Clerk until the matter is heard and determined.

 Mutisya was suspended for altering County legislation, failure to implement county resolutions and incompetence. The stay order however seemed to imply that Mutisya was suspendef fot unspecified reasons.

The order also seemed oblivious of the fact that the litigant had been replaced  the next day and his successor, who was his deputy Mr Dennis Muthui gazetted in his place, albeit on acting basis.

Mutisya  moved to The Employment and Labour Relations Court on Monday, November 27,2023, to challenge the decision by The County Assembly Service Board.

Why Assembly Clerk was ousted

By Anchor Reporter

DETAILS are emerging on the exact reasons that led to the suspension of the Machakos County Assembly Clerk Mr Joseph Mutisya.

Mr Mutisya, the Suspended Assembly Clerk

It now transpires that Mr Mutisya obtained a loan of Kes 100m to fund loans for MCAs at a commercial rate from a local bank without authority of the  County Assembly of Machakos. How the banks acceded to the request deepens the mystery even further, exposing the downsides of devolution.

Informed sources say top authorities from the County Government of Machakos instructed Mr Mutisya to obtain the loan and assuage pressure from the MCAs on the County Executive. 

A source that is privy to the matters boiling at the assembly says Mr Mutisya went blindly to obtain the loan, even without any written instruction from the County Executive. The County Executive is reported to have denied ever giving such instructions. The events are the climax of illicit connivance between individuals within the two arms of government in Machakos County and are likely to split the MCAs down the middle.

" His most grave mistake to failing to seek concurrence with the County Assembly Service Board before executing the directive of the County Executive- begging the question- Whose interest does he serve" said the source, who pleaded to remain anonymous.

Mr Mutisya is also accused of procuring insurance for the Assembly assets and fleet of vehicles including the Speaker's limousine on Third Party General Insurance- instead of a Comprehensive Cover. This means that his actions put at a huge risk not just the buildings but indeed the human resource, including over 60 MCAs who serve the County Assembly.

Worse still, the assembly's procurement office was not consulted over the insurance acquisition and neither was the Service Board's concurrence sought before it was effected. Questions are flying around as to how the previous comprehensive cover lapsed without action being taken on time to renew it.

Mr Mutisya was sent home last week after a session of the Assembly Service Board meeting that gave him a 14 day notice show cause why he should not be summarily dismissed.

 He was accused of incompetence, inaction in implementing Assembly resolutions and altering Assembly Legislation. He is alleged to have been making the alterations in collaboration with the Finance Department of the County Government of Machakos- to an extend that he acted as if he was the assembly itself.

Mr  Dennis Mutui, the Deputy Clerk for Legislative Affairs was appointed to act as Assembly Clerk.

Graft: Ex Minister detained

By Anchor Reporter 

Former Agriculture CECM Mr Urbanus Wambua Musyoka is detained at Machakos GK Prison over corruption charges.

The former minister in Governor Alfred Mutua' s administration was detained after he was arraigned in a Machakos Law Court last Thursday to answer corruption charges.

Urbanus Wambua Musyoka

Musyoka was detained after he failed to raise the stringent bond and cash bail terms he was offered to regain his freedom. Machakos Senior Principal Magistrate  James Omburah released him on a bond of Ksh. 6 Million or a cash bail of Ksh. 3 Million.

He was still holed up in the prison as relatives seek how to raise the cash as we went to press.

Musyoka pleaded not guilty to the offences listed by the State.It is alleged that on diverse dates between January 2019 and May 2022, the accused knowingly held an indirect private interest in a contract award by Machakos County Government to M/S Wisdom Holdings Limited, a private company he was associated with for a contract amounting to a sum of Ksh. 45, 497, 609.

The accused also faces a charge of unlawful acquisition of public property amounting to a sum of Ksh. 19, 600, 000 in diverse dates between January 2019 and April 2021.

He was also charged with fraudulent practice alongside Antony Mbindyo, Fiona Muthoki and M/S Wisdom Holdings Limited.

Other accused persons charged jointly with Urbanus were Thomas Mutinda, Josephat Ndiku and Paul Kimeu.

Mention of the case was set for November 30, 2023.

New Assembly Clerk gazetted

By Martin Masai

Changes in the Office of the Clerk of the Machakos County Assembly have swiftly been published  in the Kenya Gazette, signifying the removal of Mr JL Mutisya.

The notice was published today, November 15, 2023, informing the County Assembly Members,staff and the general public that the former Deputy Clerk in charge of legislative affairs Mr Dennis Mutui has been appointed as Clerk of the Assembly.

The notice, signed by the Speaker of the assembly Mrs Anne Kiusya said the appointment was made by the County Assembly Service Board. Mrs Kiusya is Chairperson to the board. The appointment is effective from November 14, date when the board voted to remove the outgoing Clerk.

Mutisya is on a 14- day suspension arising from allegations of altering County budget legislations, official inaction and incompetence. 

He is to provide his defence within the 14 day window after which the matter will be tabled on the floor of the assembly for debate and action.

martinmasai@gmail.com

Assembly Clerk suspended

The Clerk of the County Assembly of Machakos. Mr Joseph Mutisya was on Tuesday  suspended for  14 days.

The action was the outcome of a County Assembly Service Board session that was chaired by Machakos County Assembly Speaker Mrs. Anne Kiusya. The meeting is said to have had full attendance including two members of the County Assembly and two external representatives. 

Mutisya was served with a letter that asked him to provide a response to at least three grave accusations that sources say may culminate in criminal charges.

The sources  say Mutisya is  accused of, among other issues  altering county legislation on budgets in connivance with the county's Finance. The source said " He is seen as solely acting as the  entire County Assembly". Further charges include failing to implement  assembly decisions actions and exhibiting general incompetence.

The board appointed his deputy Mr Dennis Mutwii to act as clerk during that period.