The County Assembly of Kajiado has adopted a Motion on the Removal of CEC Member for Public Service, Administration, Social Services, Citizen Participation and Inspectorate Services – Mr. Alais Kisota.
In a Motion moved by Ngong MCA Hon. James Mbiriri cited various actions of Maladministration, gross violation of the Constitution and abuse of Office.
1) Maladministration
a) That the CEC Member for Public Service Mr. Alais Kisota failed to adhere to the human resource procedures by sending the County Payroll Manager Mr. Andrew Mwange on a Six-months compulsory leave contrary to Article 47 (1) and 47 (2) of the Constitution of Kenya and Section 4 of the Fair Administrative Action Act and other guiding laws.
b) Unprocedural stoppage of salary for Mr. Parsakei Jonah Orumoi, Mr. Koisikir Christopher and Mr. Olubi J Shukari without providing reasons. They were still within their contractual working timelines.
c) That the CEC failed to remit pension contributions amountig to Ksh 95,463,639 contrary to Section 19(4) and 19(5) of the Employment Act. No. 11 of 2007 (Employment Act) despite receiving monies from the Ex-chequer.
(d) Failure to remit deductions to the Higher Education Loans Board of Ksh 1, 179, 976,00 as at April 2022 (HELB) contrary to the provision of Section 16(2) of the Higher Loans Board Act No.3 of 1995 that stipulates that the employer shall remit every deduction from the loanees wages or remuneration to the board within 15 days at the end of each month.
e) Failure to remit to Family Bank Limited a total sum of Ksh. 9,425,803,000 monies that were meant for the Kajiado County Executive Car Loan and Mortgage deductions from staff members contrary to the provisions of Section 19(4) and (5) of the Employment Act.
f) Violation of Public Procurement and Asset Disposal Act No.33 of 2015, Public finance and management Act that while Mr. Kisota was the CECM for Finance paid a non-existing project – Kiserian Dam Modular Bridge a total amount of Ksh 14.5 Million in disregard of the Article 73(2) (b) & (c) of the Constitution.
(f) Failure to clear pending bills and accrued County debts inspite the County Assembly of Kajiado appropriating funds for payments of pending bills.
- Abuse of Office
a) Violation of Section 59 (1) (b) of the County Government Act, Discrimination and harrassment of Sub-County administration Officers by ejecting them from their offices.
b) Nepotism by influencing the appointment of his brother Mr. Samson Leposo as Deputy Director of Environment without the requisite qualifications contrary to Section 73(2) of the Constitution.
c) Overseeing and authorising the appointment of an officer to manage payroll who has no skills or knowledge to administer the payroll system without following the laid down human resource procedure.
Incompetence
a) Overseeing a Public Service that lacks staff establishment and Human Resource policies contrary to Section 5(2)(f) of the County Government Act and Article 235 of the constitution as raised by the Auditor-General report on the County Executive in the year ended 30 June 2021.
Gross violation of the constitution & other relevant laws;
a) Violation of Article 201 of the Constitution on the principles of Public finance by Overseeing a bloated County wage bill that stands at 43.2%.
