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COMPLAINTS AGAINST KENYA POWER & LIGHTING COMPANY ON SHAM AND FATALLY FLAWED APPOINTMENT OF COUNTY BUSINESS MANAGERS

Kenya Power logo 2011

RE: COMPLAINTS AGAINST KENYA POWER & LIGHTING COMPANY ON SHAM AND FATALLY FLAWED APPOINTMENT OF COUNTY BUSINESS MANAGERS

WE THE CITIZENS, Isiolo Professionals Caucus and Taxpayers of Isiolo County;

ECHO THE PREAMBLE of the Constitution of Kenya 2010 that affirms Kenyans ‘proud of our ethnic, cultural and religious diversity and determined to live in peace and unity as one indivisible sovereign nation’;

RECOGNIZING the sovereignty of the people of Kenya and their aspirations for a government based on essential values of social justice, equality, non-discrimination, freedom and the rule of law as enshrined in the Constitution of Kenya, 2010;

EMPHASIZING the need for harmonious co-existence, national cohesion and integration as emboldened by the Constitution of Kenya, 2010;

RECALLING that some of the fundamental national values and principles of governance as espoused under Article 10 of the Constitution of Kenya include inclusiveness, non-discrimination and protection of the marginalized groups, communities and regions;

UNDERLINING constitutionalism, the rule of law, due process, fairness, social justice, equity, equality, representation and inclusivity cardinal tenets and principles of democracy and recognize the detrimental impact of the lack of the respect for the rule of law and full operationalization of the Constitution as a risk to the current gains for women, vulnerable and marginalized populations; 

REAFFIRMING our total commitment and support to the devolved system of governance, fight against the monster of corruption and imprudent financial management by some duty bearers within the structures and institutions of the national and county governments;

TAKING COGNIZANCE of the significance concept and purpose of the national values of transparency, accountability, moral probity and objectivity, impartiality and integrity and the need of their internalization by duty bearers at national and county levels of public service;

RE-AFFIRMING the freedom of security of all persons, protection of families, communities and their properties without any distinction based on including age, gender, socio-economic status, political affiliation, ethnic and cultural backgrounds, religion, health status as enshrined in the Bill of Rights and International instruments; and

BOUND by common origins, challenges and ideals for socio-economic and political development as a region and as an indivisible integral part of the country’s development and future;

DO HEREBY DRAW attention of  the Commission on Administrative Justice (Ombudsman), Ethics and Anti-Corruption Commission, Directorate of Criminal Investigations, Office of the Director of Public Prosecution, Public Service Commission, National Assembly, National Cohesion & Integration Commission and Kenya National Commission on Human Rights on the following;

WISH to register a gross violation of the law brazenly committed by Kenya Power & Lighting Company on the sham, politically discriminative and skewed appointments of the County Business Managers positions dated 17th August 2020 vide Ref: KP1/5A/1.1/6/BN/jk to your esteemed institution for quick intervention, invalidation and immediate nullification as it is marred with outright corruption and fraud. This negates the principles of good governance in public service.

THAT the Job Requirements, appointment Specifications and Key Competencies were not duly followed or deliberately ignored due to partisan political interests in making appointments as per the internal advertisement dated 11th June 2020 vide Ref: KP1/5/1.1/4/CKU/rw. Notable Counties among others include; Laikipia, Marsabit, Mandera, Wajir and Garissa where applicants have not met the minimum threshold in terms of credentials and experience required for the position.

THAT the current Isiolo County Business Manager; Godana Roba Abduba is extremely qualified with a vast wealth of experience he has garnered more than two decades rising to Senior management positions. and he was also interviewed for the same position.

THAT the current holder of the position; Godana Roba Abduba has been duly confirmed as Isiolo County Business Manager with an official appointment letter from the Kenya Power & Lighting Company Management. To the best of our knowledge, he is the substantive Isiolo County Business Manager.

THAT the purported appointments were not procedural and did not meet the public service standards, values, and principles as set out in Article 10, 27(4) and 232 of the Constitutions of Kenya. The management retained most of the current County Business Managers and promoted some devoid of the prerequisite meritocracy (Some are pedestrian businessmen, security officers, while others are Diploma holders from nondescript container colleges) and regional balancing. Therefore, the whole interview process was sham, fraud, bogus and candidates who were politically correct were picked for the counties appointment. The entire process was enmeshed in an intricate web of personal and political interests and ultimately remote-controlled by external political forces.

AWARE THAT this is a flagrant breach of Employment Act, Cap 226, Section (5), (2) which explicitly states; an employer shall promote equal opportunity in employment and strive to eliminate discrimination in any employment policy or practice. Isiolo County is a case in point here. Therefore, the actions or inactions by the KPLC Management contravenes Public Officers Ethics Act, Employment Act, Cap 226, and Chapter six of the Constitution on Leadership and Integrity.

THAT Since January 2018, the Kenya Power and Lighting Company (KPLC), the entity responsible for the country’s electricity distribution, has found itself under siege by an organically mobilised and extremely angry battalion of Kenyans from all walks of life in their quest for justice in the energy sector.   

ACKNOWLEDGING the provision of Article (59), (h-k) of the Constitution and Section 8 (a-c) of the Act empowers the Commission on Administrative of Justice to investigate any conduct in the state of affairs or any act or omission in public administration in any spheres of Government in regards to abuse of power, unfair, treatment, manifest injustice or unlawful, oppressive, unfair or unresponsive official conduct. That Commission on Administrative Justice Act no. 23 of 2011 Section (29) that citizens have the right to petition public authorities as enshrine in the Constitution of Kenya 2010. Article 37 provides that every person has a right peaceably and unarmed, assemble to demonstrate to picket and present a petition to public authorities.

NOTING WITH CONCERNS  THAT, about the fatally flawed process. KPLC is under State capture which has been systematically perfected over the last four decades and resulted in a seemingly inextricable linkage between the captors (cartels) and captives (energy sector). What is important to note is that, very often, the cartel kingpins are themselves Kenya Power & Lighting Company and the wider government (Ministry of Energy). Management is caught between competing personal and political interests. Therefore, questions on the legality of the process linger on.

THAT Isiolo County which is part of the greater Northern Kenya whose economic mainstay is nomadic pastoralists have been marginalised because of punitive laws, skewed public policy, official discrimination, political patronage, and institutional malpractices of successive governments.

THAT Isiolo County just like other Counties in North Kenya, various pieces of legislation placed an emergency rule on the region from 1966 until their repeal 1997, courtesy of the famous Inter-Parties Parliamentary Group (IPPG) resolutions. The 1965 Sessional Paper No. 10 consigned most of the ‘unproductive’ arid and semi-arid regions into economic oblivion when it declared that government prioritises development and investment in ‘high potential regions’, in a deceptive attempt to create political equality, equal opportunities, and social justice. Instead, it bred class formation and blossomed regional inequalities with glaring disparities in human development indices. The consequences of such skewed socio-economic policies and development blueprints formed the basis for the pursuit of devolution to address inequitable resource allocation.

THAT the Constitution profoundly alludes to this systemic challenge when it regulated resource allocation (human capital) at all levels of government, and in every category. Our Constitution recognised and defined marginalised groups and communities in the society and marginalised regions for which it specifically created the equalisation fund. For instance, its definition of marginalised communities includes “pastoralists, nomadic or settled, that because of its relative geographic isolation experienced only marginal participation in the integrated social and economic life of the country as a whole”.

CONSEQUENTLY, to address these policy failures, Article 56 requires that ‘the state shall put in place affirmative action programmes designed to ensure minorities and marginalised groups participate in an area represented in governance and other spheres of life, are provided special opportunities in educational and economic fields, access to employment, water, health services and infrastructure.’

THAT marginalisation driven by discrimination is also addressed in Article 27(6) which requires that “the state shall take legislative and other measures, including affirmative action programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination.’

Finally, they say democracy must be built through open societies that share information. When there is information, there is enlightenment. When there is a debate, there are solutions. When there is no sharing of power, no rule of law, no accountability, there is abuse, corruption, subjugation and indignation. The bedrock of our democracy is the rule of law and that means we have to have an independent Kenya Power & Lighting Management who can make decisions independent of the political winds that are blowing.

Mediocrity has replaced merit and as Macbeth once said: “We have eaten on the insane root that takes the reasons, prisoners of conscience albeit in a different context”.

OUR HUMBLE PRAYERS:

THAT we demand an independent audit of the entire recruitment process be conducted by the Ethics-Anti Corruption Commission (EACC) and further verifications done by an independent Human Resources Consultant. We should be furnished with the following documents;

  1. The user requests;
  2. The advert;
  3. Long lists of applicants;
  4. Shot lists of applicants;
  5. Interview schedules;
  6. Score sheets for the interviews;
  7. Interview results
  8. Letters of appointment;
  9. Regret letters;
  10. Academic documents;
  11. Personal Employment files for all applicants.

We demand immediate cancellation/nullification of the whole recruitment exercise until independent audit recruitment exercise is completed.

THAT the Commission on Administrative Justice and Ethics, Anti- Corruption Commission and National Cohesion & Integration Commission to URGENTLY investigate the fatally flawed process which was atrociously fraudulent and should be rescinded forthwith to restore trust, honour and dignity in the Public Service as enshrined in Article 73 of the Constitution of Kenya. This is owing to the fact that the position for Isiolo County was maliciously interfered with and influenced by politicians with narrow and parochial interests.

THAT we have full and unwavering confidence in Mr Godana Roba Abduba; the current Isiolo County Business Manager’s performance and service delivery and therefore he should be retained in the spirit of inclusivity and regional considerations.

THAT the National Assembly Select Committee National Cohesion & Equal Opportunity to summon the management of Kenya Power & Lighting Company to establish whether Public Service Regulations and Human Resources Policies and Procedures for Public Service were duly followed. Much more, establish the merits and qualifications of those “selected” to the positions.

THAT the Directorate of Criminal Investigations (DCI) and EACC to conduct and investigate expeditiously on flagrant breach of code of ethics, relevant statutory laws, Constitution and, urgently take action and prosecute officers behind these nefarious malpractices.

Attached; is a copy of the Appointments from the office of KPLC Managing Director dated 17th July 2020

KPLC PETITION

Also read:  Oromo Lawyers Association Letter to the Norwegian Nobel Committee 07/19/2020

KPLC Senior Staff Appointment

Yours Sincerely,

ISIOLO PROFESSIONALS CAUCUS

Copied to:


The Chairperson,

Commission on Administrative of Justice,

West End Towers, 2nd Floor, Waiyaki Way,

P.O Box 20414 – 00200,

NAIROBI.

Tel: 020- 2270000/020-23023000

Email: complain@ombudsman.go.ke

The Secretary/Chief Executive Officer,

Ethics and Anti-Corruption Commission,

Milimani/Valley Road Junction,

PO. Box 305450-00100,

NAIROBI.

Tel 020-2717318, 020-310722,

Hotlines 020 2717468 / 0727-285663 / 0733-520641,

report@integrity.go.ke

George M. Kinoti, CBS

Director,

Directorate of Criminal Investigations,

Mazingira House, Kiambu Road,

Opp. Forestry Department Headquarters, Karura,

P.O Box 30036- 00100,

NAIROBI.

Tel: +254-020-3343312

Email: director@cid.go.ke

Noordin M. Haji, OGW

Director of Public Prosecutions,

NSSF Building, Block ‘A’ 19th Floor,

P.O Box 30701- 00100,

NAIROBI.

Mobile: 0723202880/0787880580

Email: dpp@odpp.go.ke

The Hon. Justin B. Muturi, EGH,

Speaker, National Assembly,

Addressed to, The Chairman,

National Cohesion & Equal Opportunity,

Parliament Buildings,

P.O Box 41842-00100,

NAIROBI.

Mail: clerk@parliament.go.ke

The Secretary/Chief Executive Officer,

Public Service Commission of Kenya,

Harambee Avenue, 

P.O Box 30095-00100,

NAIROBI.

Mail: psck@publicservice.go.ke

Telephone: +254 (020) 2223901-5, 2227471-5,

Mobile: +254-724-253807, +254-735-800282.

The Chief Executive Officer,

Kenya National Commission on Human Rights,

Ist Floor, CVS Plaza, Lenana Road, 

P.O Box 74359-00200,

NAIROBI.

Mail: haki@knchr.org

The Chief Executive Officer,

National Cohesion & Integration Commission,

KMA Centre, 6th Floor, Mara Rd, Upper Hill, 

P.O Box 7055-00100,

NAIROBI.

Mail:  info@cohesion.or.ke

Hon. Charles Keter, EGH,

Cabinet Secretary,

Ministry of Energy & Petroleum,

Nyayo House, Kenyatta Avenue,

P.O Box 30582 – 00100,

NAIROBI.

Tel: 020- 3310112

Email: info@energy.go.ke

Dr Eng. Joseph Njoroge, MBS,

Principal Secretary,

Ministry of Energy & Petroleum,

Nyayo House, Kenyatta Avenue,

P.O Box 30582 – 00100,

NAIROBI.

Tel: 020- 3310112

Email: psenergy@energy.go.ke


 

About Whispers from the North

Whispers from the North is an online platform that appreciates the ecological, cultural and socio-economic diversities of Northern Kenya. We also acknowledge that the lives of the communities of northern Kenya has been shaped by a number of intrinsic and extrinsic factors which have led to complex challenge that calls for a multifaceted approach.

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