Tuesday, 30 July 2024

Day of drama for CS and Machakos finance chiefs

By The Anchor Writer


Machakos, Kenya - Drama unfolded today as police arrested Machakos County Finance  Chief Officer, sending the finance minister and county secretary into hiding.
         Mr Kasanga put on oath


The officials are sought over were a High Court warrant for their refusal to pay Kes 200m decree. When the Officer Commanding Station (OCS) of Machakos Police Station Chief inspector Chumo stormed the county headquarters  he swiftly grabbed the finance chief officer Julius Kasanga.
The arrest also targeted Finance Minister Onesmus Kuyu and Chief and County Secretary Muiya Ndambuki.
When word went round of their impending arrest, the two bosses took cover and Chumo nevertheless left with his catch and presented him before the Employment and Labour Relations Presiding judge Bryan Ongaya.
          Mr.Justice Bryan Ongaya

The officials  have evaded arrest and failed to honour the decree issued in 2021 following the illegal termination of 125 workers under Governor Alfred Mutua. 
The county has since engaged the workers and the court in a cat and mouse game, with the current officials perfecting the games until this morning when Chief Inspector Chumo marched on their offices to effect the arrests.  When Kasanga was presented before the judge, he was put on oath, binding him to tell the 'Court nothing but the truth.' He was hard pressed to specifically explain why the court decree, which he confirmed to be aware of, had not been executed.
He could neither confirm if a budgetary provision had been made to off set it together with the county's old debts to the tune of Kes. 3.2b.
The judge could neither agree to the classification of the debt as an old debt.
Justice Ongaya gave five fresh orders over the matter. First, he stayed the arrest warrant for Dr. Ndambuki and Mr Kuyu, subject to their voluntary attendance to the court on October 25,2024 at 9.30 am. " ...in default, the stay order will lapse and the Warrant of Arrest would be excuted.
Secondly, Kasanga was ordered released upon a personal undertaking to attend court on October 25, at 9.30 am or thereafter. 
The judge ordered the three officials, their counsel and that of the 125 claimants to convene in 10 days' to conclude on an agreement  on settlement of the decretal sum and same be filed  in court on September 1,2024 as may be appropriate'.
Judge Ongaya set October 25 as day of further proceedings and recording of the agreement.
As for the OCS, the judge discharged him " unless the stay order in respect to Warrant of Arrest lapses in terms of today's order'.
Observers see as a positive step the decision of the court to assert itself in the face of the county's monumental failure to honour its obligations to staff and the general public.
County Governments are set up in perpetual succession of the other such that the present regime is obligated to undertake responsibilities left behind be their predecessors- including assets and liabilities.
As the County administration faces increased scrutiny with the looming deadline to compensate the workers, it is hoped that the decree is a warning to the present regime as it plans to dismiss another 121 workers for alleged fake papers.
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