William Oduol's fate on the line as Senate committee presents final report

Siaya County Deputy Governor William Oduol during day one of his impeachment hearing before the Senate Special Committee on June 21, 2023. [Elvis Ogina, Standard] After two days of a spirited battle at the Senate, warring sides in the impeachment trial of Siaya Deputy Governor (DG) William Oduol will soon know the fate of the cases they put up. The 11-member Senate committee that heard the matter will table its report tomorrow in a special sitting gazetted by Senate Speaker Amason Kingi. The special committee led by Elgeyo Marakwet Senator William Kisang' on Thursday retreated to write its report, including a verdict on whether the charges against the embattled DG were substantiated. Oduol was charged with violating the Constitution by allegedly influencing procurement against procurement laws, abuse of office by reportedly bullying junior officers, gross misconduct and spreading misleading information. During the two-day trial, the Siaya County Assembly sought to tie Oduol to purchasing a seat worth Sh1.12 million for renovations that cost the county Sh18 million. The seat was, perhaps, the prominent subject of the impeachment proceedings, going by the online debate it generated. Senators were curious to see the Sh1 million chair, and after each had had time to sit on it when it was presented as evidence, none was convinced that the chair, described as orthopaedic, could cost Sh1 million. Kisii Senator Richard Onyonka hinted at the possibility of recommending that investigative agencies take up the matter, which could lead procurement officers in hot soup. Although witnesses said the procurement was above board as the tender was awarded to the lowest bidder, they painted a picture of working under immense pressure from the DG, alleging that he tried to influence their work. Oduol would counter by pointing out that he was not involved in procurement issues, relying on admissions by prosecution witnesses that due process had been followed. On Thursday, he would tell the committee that he did not know the seat cost Sh1.12 million, only finding out about the cost a day before he was to appear before the county assembly committee that impeached him. To counter the bullying claims, the deputy county chief pointed out that his role as the finance and planning supervisor, reportedly delegated to him by Governor James Orengo, allowed him to receive briefings from the county's finance department. The prosecution, led by lawyer Willis Otieno, attempted to tie the DG to claims of setting up sections of the Siaya public against each other by alleging that some of them were disenfranchised and targeted. Otieno said that Oduol lied to the public that funds meant for the Siaya stadium, nestled in Alego-Usonga constituency, were reallocated to Migwena Stadium in neighbouring Bondo. He also argued that Orengo's deputy told residents of Alego-Usonga that their kinsmen were targeted for sacking. Kisang' raised concern about the alleged actions of the DG. "You are the deputy governor of Siaya County, not just of Alego-Usonga," Kisang' said Thursday. In response, Oduol said that he would speak about injustice if it was meted on any of Siaya's six sub-counties (Ugunja, Ugenya, Gem, Alego-Usonga, Bondo, Rarieda) through what he termed as arbitrary sackings of persons from a particular community. "If this happened in Ugenya, Gem or Bondo, I would have raised my voice just as loud," Oduol shot back. The defence's case majorly hinged on what they termed a flawed process that resulted in the DG's impeachment, raised initially as a preliminary objection to the Senate's proceedings. Equally important was the defence's attempt to paint Oduol's woes as a ploy to shut him down after he unearthed a corruption scheme that roped in the county executive as well as the assembly. In questioning the case's merit, Oduol and his lawyer Paul Nyamodi pointed out that the committee that impeached him, chaired by Yimbo East ward representative Francis Otiato, had acted as the prosecutor and judge and eventual executioner when it was expected to handle the matter impartially. His evidence included the fact that the complainant and mover of the impeachment motion, Gordon Onguru, the Asembo East Member of County Assembly, had not prosecuted the matter, contrary to the County Governments Act. "The mover was not there to cross-examine me and it was the committee's chair that did that job," Oduol told the senators. Nyamodi had told the committee that the county assembly process was hence faulty and could not stand the test of the law. Kisang' said his committee would reach its verdict on the process in its final report. On the alleged scheme to sink him by the executive and assembly, Oduol highlighted mega scandals that he said he unearthed and went public about, such as the withdrawal of money as imprest and withdrawals to settle unaudited pending bills. He would also point out ongoing investigations by the Ethics and Anti-Corruption Commission that has targeted some officials in the executive. But the prosecution would argue that the absence of formal complaints suggested that Oduol's statements were untrue. To prove that the executive was in bed with the assembly, Oduol presented evidence of payments made to MCAs from the executive coffers, a matter that prosecution witnesses admitted was an abnormality. During Wednesday's cross-examination by Nyamodi, Otiato told the committee that under no circumstances would MCAs receive payments from the executive. The Senate committee will look at all the above and more as it arrives at its decision on whether to acquit or convict Oduol. Senators asked tough questions to both sides and showed concern in instances of alleged interference by the DG amid ongoing procurements and also of the apparent plunder at the county that saw MCAs receive payments from the executive. In line with calls to have the committee recommend a guide on resolving disputes between governors and their deputies, senators would question how Oduol and Orengo would work if the DG was to be saved. The same was asked of his relationship with the county assembly. "The governor is my friend. Our differences are ideological. If he calls me, I will be ready to work with him for the benefit of our people and I would also point to him where the loopholes are," Oduol said, adding that the county assembly should focus on oversight and not succumb to the executive's overtures. If the committee acquits Oduol, the matter will end at that. If the 11 senators recommend the DG's removal, senators will take a vote on the committee's report.

William Oduol's fate on the line as Senate committee presents final report

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