A Kisumu lobby has asked Governor Anyang’ Nyong’o to sack Energy executive Nerry Achar after a court upheld his impeachment in a previous role.
Ward reps impeached Achar on August 13, last year, when he was the Finance county executive.
They accused him of incompetence and gross violation of the Constitution.
On March 9, Labour Court judge Nduma Nderi said Achar was given a fair hearing and dismissed his appeal.
Based on the ruling, Transform Empowerment for Action Initiative (TEAM) executive director George Owuor on Wednesday said Achar is illegally in office. He told Nyong’o to obey Justice Nderi’s decision.
Owuor said residents and civil society groups are not aware of any appeal by Achar against the court’s decision.
But Achar said he has appealed the decision though he did not say when and whether in Kisumu or Nairobi.
Kisumu governor’s press officer Alloys Ager said he was consulting with the county attorney for the administration’s position on the matter.
Owuor asked why the governor was yet to act despite the court decision.
“What contract did the two have that he cannot sack Achar? We want to know the details of their agreement,” he said.
He asked Nyong’o to respect the Constitution that he swore to protect. “Nobody is above the law. The rule of law must be respected irrespective of your position,” he said.
Owuor urged the county assembly to write to the Salary and Remuneration Commission to ensure Achar refunds the pay he has been earning since the court upheld his impeachment.
“We cannot allow an individual who is in office illegally to continue drawing salary paid by taxpayers. It is unacceptable and unconstitutional,” he said.
He also wants the assembly to start the impeachment process of Nyong’o for failing to obey Chapter Six of the Constitution on leadership and integrity of all public officers.
“Anybody whose conduct does not bring honour, public confidence and integrity has no place in the management of public affairs,” Owuor added.
Last year, 37 MCAs voted to have Achar impeached following allegations of embezzlement of public funds and abuse of office.
On October 16, Nyong’o sacked county executives Alice Moraa (Energy), Richard Ogendo (Cooperatives) and Thomas Ondijo (Roads) and moved Achar to Energy and Industrialisation.
Achar had also served as Lands executive.
Nyong’o said the reorganisation of his executive committee was aimed at improving service delivery.
Last month, Kolwa East MCA Steve Owiti, who moved the impeachment motion, told Nyong’o to relieve Achar of his duties.
Owiti says the court has upheld the impeachment and Nyong’o must remove Achar from his cabinet