40 Kericho MCAs approve motion to impeach county secretary

Dr Mutai directed the committee to give the County Secretary a hearing saying that the impeachment motion had been supported by one-third of the assembly.

"The House is authorized to form a select committee to investigate the allegations against Dr Bor according to section 40 of the County Government Act," he said.

Bor is accused of alleged gross violation of the Constitution, the County Governments Act, the Leadership and Integrity Act, and the County Assemblies Powers and Privileges Act.

A total of 28 MCAs had signed the impeachment motion, citing the County Secretary's alleged incompetence and violation of Sections of the Leadership and Integrity Act, 2012.

Bii said that Bor is under investigation by the Director of Public Prosecutions and the Director of Criminal Investigations.

“He is likely to face arrest, charges, prosecution, and the institution of criminal proceedings for providing fabricated and false information to the Ad hoc committee on the Londiani Road Incident,” he claimed.

"This discloses serious reasons to believe that the County Secretary has committed crimes under national laws, including but not limited to offences related to false swearing contrary to Section 114 of the Penal Code by presenting forged minutes as truthful documents," he added.

The assembly accused Bor of allegedly fabricating evidence contrary to Section 113 (a) and (b) of the Penal Code and submitting the document purporting to have been signed by County Executive Committee Members Rosemary Rop (Water), Judith Chirchir (Education), Eddina Tonui (Public Service), and Daniel Rop (Agriculture).

The document was allegedly presented to the County Assembly Ad hoc committee on the tragic Londiani road accident. 

Bii also claimed that Bor gave false information to the committee contrary to Section 19, as read together with Section 10 of the Public Officers and Ethics Act.

The County Secretary was also accused of violation of Sections 69 and 72 (1) of the County Governments Act and the County Human Resource Management Guidelines/Policies.

“On January 4, 2023, he un-procedurally re-deployed Jaclikine Leitich, previously the Acting Director of Human Resource Management, to serve as the Soin/Sigowet Sub County Administrator without following due process,” said Bii.

On February 19, 2024, Bor allegedly acted ultra vires by usurping the powers of the County Chief Officer of the Health Department by writing redeployment letters for medical officers, a function meant for the County Chief Officer as outlined under Section 72 of the County Government Act.

On July 18, 2023, Hellen Tele was redeployed and redesignated from Assistant Director of Education to handling administrative duties at the office of the Governor by Bor without complying with the provisions of Section 69 of the County Governments Act and the Human Resource Guidelines.

The MCA further claimed that the County Secretary has failed to coordinate and streamline the provision of essential services to the public, resulting in a disjointed and inefficient public service across all departments.

"Specifically, he failed to carry out the duties of his office in a manner that maintains public confidence in the integrity of the office. His incompetence has led to a disjointed and inefficient public service across all departments, thus denying citizens their rights," he claimed.