The four members of the Kakamega County Public Service Board, who were reinstated by court after impeachment, have issued a notice of contempt to the county government for halting their salaries.
Catherine Omweno (chairperson) and members Stanley Were, Raph Wangatia, and Joel Omukoko have given the county government 72 hours to reinstate their salaries. They are also demanding uninterrupted continuation of their duties and settlement of their July 2024 salaries, with a commitment to honor subsequent payments until further court directions.
Through their legal representatives, Nyikuli, Shifwoka & Company Advocates, the four members stated that the county government violated Employment and Labour Relations Court orders that reinstated them and prohibited their replacement.
“If the above is not complied with within 72 hours from the date hereof, we will initiate contempt proceedings against you without further notice, potentially resulting in civil imprisonment for up to six months or a discretionary fine by the court,” the notice reads.
Dated August 2, the notice was 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, which reinstated the four members and awarded them damages, was partially declined. The stay was granted only on payment of awards, while their resumption to office was not stayed.
“We expected a cooperative and respectful compliance to ensure the people of Kakamega continue to receive services from the petitioners’ offices, pending the Court of Appeal’s judgment,” the notice further stated.
County Secretary Omuhaka acknowledged receiving the notice but clarified that the county acted based on a letter from the county assembly requesting their removal from the payroll due to impeachment.
“I have seen the notice via WhatsApp and email, and we cannot respond because it was the assembly that removed them. We have not received any communication to the contrary,” Omuhaka explained.
Efforts to reach Clerk Manyala and Speaker Namatsi for comments were unsuccessful as they did not respond to calls or messages.
The four members had filed a petition in December 2023 at the Kakamega ELRC seeking to overturn the county assembly’s decision to impeach them. Judge Jemimah Keli reinstated them on June 6 and awarded each of them Sh1 million in compensation.
However, the county government and county assembly filed a notice of appeal against the ruling, seeking a stay of execution pending their appeal. At the Court of Appeal in Kisumu, a three-judge bench declined to hear interlocutory applications for a stay and opted to proceed with the substantive appeals.
