Confusion at the Nyamira County Assembly is set to continue as two Speakers lay legitimacy to the throne, putting oversight role of the ward reps in limbo.

This is after both the embattled Speaker Enock Okero and Ekerenyo Ward Rep Thaddeus Nyabaro, who has been serving as Deputy Speaker under Okero, accused each other of failing to obey the law over who is the legitimate speaker.

Appearing before the Senate Devolution and Intergovernmental Relations Committee yesterday, Okero said that he was kicked out of office in October last year before he was later impeached in a process, which he said was not fair and had been challenged in court.

According to Okero, the genesis of his woes started when ward reps voted to impeach Governor Amos Nyaribo.

“The orders issued by the High Court on December 16 preserving me as the Speaker of Nyamira County Assembly have not been vacated. When we went to court, that faction actually sought leniency after they were charged with contempt,” said Okero.

According to Okero, he stopped carrying out his duties at the County Assembly precincts after finding out that it was not safe for him, adding that they had gazetted other county assembly premises to carry out official business, which is not against the law.

On his part however, Nyabaro insisted that due process was followed in kicking out Okero. Nyabaro told the committee chaired by Wajir Senator Sheikh Abbas that after Okero had been impeached by the County Assembly, he had no legal mandate to preside over assembly activities.

Political problem

“We are conducting the official assembly duties in Nyamira Town where the official mace is found. The other group is fake. How are they conducting their Assembly activities without the mace?” posed Nyabaro, while accusing Governor Amos Nyaribo of being behind the Okero faction.

Senator Richard Onyonka (Kisii) opined that the assembly was facing a political problem that required a political solution.

“It is important that the two groups sit down and agree to resolve their differences since this is the only way to go. This is a political problem and should be solved politically,” argued Onyonka.

Margaret Kamar (nominated) termed it embarrassing that one county assembly is having two factions, saying it was unfair to the people who elected the MCAs in Nyamira.

“The electorate are going to lack essential services as their leaders engage in unnecessary squabbles. This is unacceptable,” said Kamar.

The investigations into the saga pitting two factions came after area senator Okong’o Omogeni told the plenary that Nyamira had split into two rival groups, with each conducting parallel sittings in different venues.

According to Omogeni, one faction has been conducting its activities at the main County Assembly building while the other one conducting its sitting in other several towns within the county.

“Those split rival groups are led by separate individuals, each claiming to be a legitimate Speaker and Clerk of the County Assembly. This state of affairs has caused confusion, undermining the legislative integrity and will potentially jeopardise public confidence in the institution, devolution and the oversight role of the Senate,” said Omogeni.

The senator sought an inquiry into the status and legal standing of any business transacted by the two rival functions, including the adoption and passage of the supplementary budget and other legislative decisions that have been made during this standoff.

He asked the Senate Committee to inquire on the steps taken by the relevant constitutional and intergovernmental bodies to resolve the leadership disputes with a view of restoring order in the County Assembly.

Funds dispatched

“I wish the county assembly would work for the good of the people but the theatrics being witnessed here are on another level.  It requires the efforts of all elected leaders in the area to engage,” nominated Senator Peris Tobiko said of the situation.

The Controller of Budget (COB) Margaret Nyakang’o who also appeared before the committee said that funds from the Exchequer had been disbursed to the county in accordance with the law.

“I would like to tell the Senate that I do not deal with County Assemblies directly in the disbursement of funds but with the County Executive Committee Member in charge of Finance with the allocation of county assemblies being factored in the funds going to respective counties,” said Nyakang’o.

Nyakang’o was categorical that the law recognises Enock Okero and County Assembly Clerk Silvanus Nyamora as officials of the assembly.

However, Omogeni asked Nyakang’o what she could do to preserve the funds allocated to the county following the current paralysis.

In her response, Nyakang’o said that her office does not deal with transactions to counties directly but only looks at the usage of the budget on a vote level and not transaction level.

“The Nyamira County budget for the financial year 2024/20245 was Sh7.5billion and that after a supplementary budget was done it was increased to Sh8.1billion with Nyamira Governor Amos Nyaribo and Speaker Enock Okero signing its approval in July 2024,” said Nyakang’o.

The Controller of Budget said that she couldn’t vouch for the transactions being carried out by the two groups.