On Friday the 6th of September 2013, the flamboyant, outspoken and at times controversial Nairobi women's representative Ms. Rachel Shebesh descended in the offices of the Nairobi governor Dr.Evans Kidero accompanied by what appears to be the city council workers demanding for an explanation as to why their dues and arrears haven't been paid so far by the county council of Nairobi.
To put the matter into perspective.
Recently, Dr.Kidero instituted an audit in the council to establish the genuine staff workers of the city council of Nairobi. From the initial findings, it was established that the council pays over 11,000 workers salary each month yet it only requires the services of half the number. Further, half of that number were said to be people who never show up for work or have any job description. While this exercise was going on, the Governor's office must have frozen the payment of salaries until a clean list of workers is established. While this may come as a shock to many people, this trend is actually common in many public institutions in Kenya where people in influential positions employ their own people and cronies in utter disregard of the laid down recruitment procedures. The result of which has been that these institutions end up spending huge sums of tax-payer's money through recurrent expenditures paying salaries to people who have come to be known as "ghost workers".
Such people at best make technical appearances in the offices where they leave a jacket or sweater hanging perpetually in an office chair while they sneak out to attend to their private businesses in town or elsewhere. Others are in the payroll yet they have never stepped in those offices at all. So when Governor's office decided to carry out an audit one would expect that to be a noble idea embraced by all but apparently he was stirring up a hornets nest. As a result, it was faced by a huge resistance from those likely to be affected.
Back to the slapping incidence.
When Ms. Shebesh stormed Dr. Kidero's office, it didn't come as a surprise to many because if we may all
recall, early this year during the nominations in the period preceding the general elections, Ms. Shebesh in the company of now Othaya Mp Ms. Mary Wambui, stormed the Independence Electoral and Boundaries Commission (IEBC) at night causing a scene and supposedly threatened the officers of the IEBC locked up in the office in the full glare of the media cameras. While the IEBC officials chose to lock themselves inside to avoid a confrontation with Shebesh,Dr.Kidero decided to face the bull by the horns by engaging Ms.Shebesh on what appears to have been an exchange of unkind words and finger pointing. The ensuing melee resulted in what appears to be the slapping of Shebesh by the governor. Of course Dr.Kidero being a politician denied that that incident actually happened the camera clip notwithstanding.
The calls for resignation.
In chapter eleven of the Kenyan constitution about the devolved government, the office of the governor is a constitutional one and therefore the law is very clear on grounds and threshold that must be met for the office holder to step down.
Article 181(1) which talks about the removal of the governor from office, the reasons are as outlined:
(a) Gross violation of this Constitution or any other law;
(b) Where there are serious reasons for believing that the county governor has committed a crime under national or international law;
(c) Abuse of office or gross misconduct; or
(d) Physical or mental incapacity to perform the functions of office of county governor.
While there's credible reason to believe that Dr. Kidero actually violated all the above except (d), this can be challenged in any court of law and the outcome could go one way or the other.
The catch about all this lies in sub-article (2) which states that "
Parliament shall enact legislation providing for the procedure of removal of a county governor on any of the grounds mentioned in clause (1)." This has so far not happened according to my knowledge but considering the fact that Ms. Shebesh hails from a party that controls both houses- the Senate and the Parliament- passing it into law would face very little opposition from the CORD coalition, the party that sponsored Dr.Kidero to office. Some of the CORD members affiliated to the former Prime minister Raila Odinga could also use this chance to punish Dr.Kidero over his recent dalliance with the Jubilee government when he formed part of the delegation accompanying the president on his recent tour to Russia and China to woo investors in to the country. The other issue that could delay the crafting of a bill and eventual enactment of the same to law relates to the ICC issues which have engrossed the minds of the Jubilee legislators who are fighting hard to ensure Kenya pulls out of the Rome Statute.
All these factors could work in Dr. Kidero's favour in the interim but only time would tell how long that would last.
God Bless Kenya...
