EACC Directs Public Officers With More Than One Job To Resign, Refund Salaries And Benefits
In a significant decision with far-reaching implications for numerous public officials who hold multiple positions within the civil service, the Nyeri Employment and Labour Court deemed the practice of a public officer having two jobs as improper and against the law.
Justice Onesmus Makau issued the verdict regarding a lawsuit brought forth by Agnes Wanjiru, an instructor at JKUAT, who concurrently served as a part-time board member at the Kirinyaga County Assembly Service Board from 2017 to 2022.
Justice Makau determined that Wanjiru was ineligible to be appointed as a part-time board member due to her role as a full-time public officer in her capacity as a senior lecturer at JKUAT.
The court determined that she did not qualify to receive the compensation and perks.
In her court petition dated August 2, 2022, Wanjiru requested the court to instruct the Kirinyaga County Assembly and the County Assembly’s Clerk not to proceed with a directive issued by the EACC on July 27, 2022, which halted any additional payments to Wanjiru.
She additionally sought to prevent EACC from intervening in her secondary position at the Kirinyaga County Assembly. Furthermore, she sought a statement affirming that she hadn’t violated any regulations by holding the role of an external board member at the assembly while also working at JKUAT.
EACC challenged the case arguing that her appointment to the board amounted to double employment contrary to Article 77(1) of the Constitution and Section 26 of the Leadership and Integrity Act.
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After the judgment, EACC began the process of reclaiming all the payments, including salaries, allowances, gratuity, and additional benefits received by Wanjiru during her five-year tenure on the board. During this period, she was eligible for a monthly retainer of Ksh.145,000.
Eric Ngumbi, the EACC Spokesperson, disclosed during his presence at a burial ceremony in Gaturi village within Murang’a County that they are currently probing various instances within the public sector. This includes the matter involving Jennifer Gatiri, the acting Secretary and CEO of the Council of Legal Education, who stands accused of allegedly holding eight public positions, constituting what is believed to be an illegitimate acquisition of public assets.
It is a trend that he says also affects county governments.
Similarly, according to the EACC, discrepancies in county employment are becoming the primary method through which officials are embezzling funds.
This encompasses payroll deception involving modifications to increase allowances falsely, keeping retired or departed employees on the payroll, and elevating certain employees to higher job grades.
Excessive hiring is an additional wrongdoing, where County Public Service Boards are influenced by governors to cater to their personal agendas. This includes the presence of ghost workers who draw salaries without contributing any work and sharing their earnings with higher-ranking officials. Furthermore, the recruitment or advancement of personnel is sometimes based on falsified academic credentials.
The governor has been held responsible by the commission for not carrying out essential EACC reform suggestions that emerged from Corruption Risk Assessments conducted in 28 of the 47 counties.
EACC Directs Public Officers With More Than One Job To Resign, Refund Salaries And Benefits