By Hope Barbra
The recent cabinet changes at the Homa Bay County government have opened a debate on whether Governor Gladys Wanga violated the law by nominating a new county executive committee (CEC) member to increase the number of departments to 11.
On Monday, Wanga relieved her deputy, Oyugi Magwanga, of his role as the CEC for Agriculture, Irrigation and Livestock Development and also sacked Dr. Peter Ogolla, who was the CEC in charge of Lands, Physical Planning, Housing and Urban Development.
She nominated Joseph Mitito to be the CEC in charge of Lands, Physical Planning, Housing and Urban Development.
Wanga appointed Dannish Onyango as the acting CEC of Agriculture, Irrigation and Livestock Development. He remains the substantive Roads CEC.
According to the Homa Bay Cabinet structure, it comprises 11 departments headed by 11 CECs.
The government has 11 CECs comprising Trade, Industry, Youths, Cooperative Development, Tourism and Marketing, Blue Economy, Fisheries, Mining and Digital Economy, Education, Human Capital Development and Vocational Training, Lands, Finance and Economic Planning, Agriculture, Irrigation and Livestock Development, Governance, Administration, Communication and Devolution, Public Health and Medical Services, Roads, Public Works and Infrastructure, Sports, Talent Development, Gender, Inclusivity and Social Services, and Water, Sanitation, Environment, Energy, Forestry and Climate Change.
According to the County Government Act 2012, as read with Article 179(3) of the Constitution of Kenya, the law gives the specific composition of the county government cabinet.
The law states:
The executive authority of the county is vested in, and exercised by, a county executive committee.
(2) The county executive committee consists of—
(a) the county governor and the deputy county governor; and
(b) members appointed by the county governor, with the approval of the assembly, from among persons who are not members of the assembly.
(3) The number of members appointed under clause (2)(b) shall not exceed—
(a) one-third of the number of members of the county assembly, if the assembly has less than thirty members; or
(b) ten, if the assembly has thirty or more members.
By Wanga appointing the 11th CEC, she is in contravention of the Constitution, and this may be challenged in court.
By assigning Magwanga the CEC portfolio, she did not interfere with or add to the number of departments because he is the deputy governor and was only assigned an additional responsibility.
On Monday, Wanga cracked the whip by locking her deputy out of his office and also relieved him of his duty as the CEC member in charge of Agriculture, Irrigation and Livestock Development.
Wanga also sacked Dr. Peter Ogallo as the CEC in charge of Lands, Physical Planning, Housing and Urban Development.
“In order to enhance service delivery, to better serve the people of Homa Bay County, while exercising powers bestowed on me as the governor and pursuant to Sections 30, 31 and 35 of the County, I do hereby… The changes herein take effect immediately. The county secretary is tasked to ensure a smooth handing over by those affected,” she wrote.
Wanga’s administration moved to change the locks and keys to the deputy governor’s office and in the morning, the employees at the office were stranded outside.
“The employees at the deputy governor’s offices are here sitting at the waiting bay. They cannot access the office and are waiting for directions and guidance from the Governor’s office, and they have been told to go back home,” said sources at the county.
Magwanga confirmed the block that houses his office, the county secretary and human resource staff was locked and workers could not access it.
“I don’t know who has been locked out. I don’t know whether it is the deputy governor or the county secretary and human resource staff,” he said.
Magwanga claimed goons had been brought to man the county headquarters and questioned why an administrative issue was being politicized.
“I will go to work as usual. We cannot allow jungle law to take over the management of the county government. I am keenly looking at the event as things unfold. We cannot resort to jungle law,” he said.
Magwanga wondered why Wanga directed the office to be locked while she and the county secretary, Prof. Benard Muok, were out of the office.
“The top leadership should have been around after locking the access and changing the keys. Why are they not in the office?” he asked.
Wanga and Magwanga fell out during the Kasipul by-election where the former supported Boyd Were of ODM while the latter supported Philip Aroko, an independent.
Wanga is the ODM national chairperson and the first woman governor from Western Kenya.
