IMPEACHMENT OF THE CEC MEMBER FOR WATER, SANITATION, ENVIRONMENT, CLIMATE CHANGE AND NATURAL RESOURCES
Tuesday, 28th March, 2023
The County Assembly of Siaya, during its afternoon sitting held today, Tuesday, 28th March, 2023, guided by the provisions of Section 40 of the County Governments Act, 2012, read together with Standing Order 73 of the County Assembly of Siaya Standing Orders, considered the Report of the Select Committee investigating the grounds for removal from office of the CEC Member for the Department of Water, Sanitation, Environment, Climate Change and Natural Resources – Dr. Julie Caroline Phoebe Adhiambo Akinyi Onyango, and unanimously resolved that the CEC Member be DISMISSED from office.
Through a Motion moved by Yimbo East Ward MCA, Hon. Francis Otiato, the House resolved to impeach the Water Executive on the grounds of;
1. Gross violation of the Constitution of Kenya, 2010 and other laws;
2. Abuse of office; and,
3. Gross misconduct
In the report by the Assembly Select Committee, the CECM was found to have failed to honour invitations and summons by a House Committee thus being in violation of the provisions of Articles 185(3) and 195(1) and (2) of the Constitution of Kenya, 2010; Section 39(2)(a) and (b) of the County Governments Act, 2012; Section 10(b) of the Leadership and Integrity Act,2012 and Section 22 22(1)(2) and (3) of the County Assemblies Powers and Privileges Act, 2017.
On the allegation of harassment, mistreatment and intimidation of junior officers, the Committee found the allegations to be substantiated. The CEC Member violated the provisions of Article 73(1) (a) (i), (ii) and (iii) of the Constitution of Kenya, 2010; and Sections 11(a),(b) and 34(1) of the Leadership and Integrity Act, 2012.
On the allegation on assault on a female member of the public, the actions of the CEC Member were found to be ultra vires and in breach of the provisions of Articles 73(1)(a)(iii) of the Constitution of Kenya, 2010; Section 144(1) and (2) of the Water Act, 2016 and Sections 7,8,9,11(b) and 13(1) (b) of the Leadership and Integrity Act, 2012
Subsequently, in line with the provisions of Section 40 (6) (a) of the County Governments Act, 2012 and Standing Order Number 73 of the County Assembly of Siaya Standing Orders, House Speaker, George Okode shall forthwith deliver the resolution on Impeachment of the CEC Member to H. E the Governor.