The four members of the Kakamega County Public Service Board who were reinstated by the court after their impeachment have served the county government with a notice for contempt due to the stoppage of their salaries. The reinstated members—Catherine Omweno (chairperson) and members Stanley Were, Raph Wangatia, and Joel Omukoko—have demanded that the county government restore them to the payroll within 72 hours.
They are also requesting a smooth continuation of their duties and the payment of their July 2024 salaries, along with a commitment to honor subsequent salary payments until further court directives are issued. Through their legal representatives, Nyikuli, Shifwoka & Company Advocates, the four members stated that the county was in violation of the Employment and Labour Relations Court orders that reinstated them to their positions and prohibited the county from replacing them.
“Take notice that unless the foregoing is complied with within 72 hours from the date and day hereof, we shall have no alternative but to institute contempt proceedings against yourselves without any further reference to yourselves at the risk of civil imprisonment for a period not exceeding six months or fine as may discretionarily be levied by court,” the notice reads.
The notice is dated August 2 and 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 that reinstated the four and awarded them damages, was partially declined as the stay was only granted on payment of awards but resumption of office was declined.
“We had anticipated a mutually cordial, non-confrontational and respectful optimum compliance with the same in ensuring the people of Kakamega continue accessing service from the offices of the petitioners as we soar to greater heights even as the Court of Appeal’s judgment is awaited,” it read.
“It is regrettable that we have to come to this level and raise these issues with yourselves on the exhibited deliberate non-compliance with the courts’ orders and decrees, in the hope that the same may have been out of either inadvertence, non- advice, misinformation and or innocent mistake.”
But County secretary Omuhaka acknowledged receiving notice but said the county never sued the board members.
He said they were removed from the payroll on the strength of a letter by the county assembly which asked the executive to remove them from the payroll because they had been impeached.
“I have seen the notice on WhatsApp and email and we cannot respond because it’s the assembly that removed them. We have not received any communication stating the contrary to what it told us earlier that led to their removal from the payroll,” he said.
Clerk Manyala and Speaker Namatsi could not be reached for comment, as they did not respond to calls or text messages.
The four members had filed a petition with the Kakamega Employment and Labour Relations Court (ELRC) in December 2023, seeking to overturn the Kakamega County Assembly’s decision to impeach them. On June 6, Judge Jemimah Keli reinstated them and awarded each of them compensation of Sh1 million.
However, the county government and the county assembly filed a notice of appeal against this ruling, seeking orders to stay the execution of the judgment while their appeal was pending. They sought stay orders at the Court of Appeal in Kisumu, but a three-judge bench comprising Justices Hanna Okwengu, H.A. Omondi, and Joel Ngugi declined to hear the interlocutory applications for the stay and instead proceeded with the hearing of the substantive appeals.
