Advocate Bryan Khaemba’s 7-day demand notice to the CPSB over recruitment of Village Administrators

In Summary;

• Notice
• Demands
• Screenshots (complaints)

Through Bryan Khaemba, Kakamu Kamau & Company Advocates, Kimilili Parliamentary aspirant Advocate Bryan Khaemba has today Sunday, October 31, 2021 notified the County Public Service Board (CPSB) of Bungoma of the firm’s intention to move to Court should it fail to meet the following demands in 7 days;

1. Provide a list of all successful candidates for the Village Administrators positions within Kimilili Sub-County.
2. Provide copies of Post -Secondary Education Certificates of all the successful candidates from Kimilili Sub- County as presented to the Board.
3. Provide score sheets of all the interviewed candidates from Kimilili Sub- County.

This comes as ikuweikuwe.com continues receiving varying complaints from members of the public and especially the aggrieved applicants accusing the board of nepotism, corruption and outright favoritism.

Extracts from Bryan’s notice;

RE: APPOINTMENT OF VILLAGE ADMINISTRATORS

The above matter refers wherein we have been instructed by various concerned parties from Kimilili Sub- County (hereinafter “our clients”) to address you as we hereby do:

1. THAT following your advertisement which appeared in the Standard Newspaper of Monday, 2nd November, 2020, inviting applicants for the position of Village Administrator, JG “G”, a total of 367 candidates from Kimilili Sub-County were shortlisted and invited for interviews which took place between 31st May, 2021 and 2nd June, 2021.

2. THAT following the said interviews, our clients had a legitimate expectation that a list of successful candidates would be made available to the public for notice, transparency and scrutiny.

3. THAT to their utter consternation, our clients have now received information that successful candidates are secretly being informed and given appointment letters.

4. THAT you will note that under Article 174 of the Constitution, one of the objects of devolution is to promote accountable exercise of power.

5. THAT in addition, Section 65 of the County Governments Act provides that the matters to take into account in selecting candidates for appointment in county public service to include:

6. The standards, values and principles set out in Articles 10, 27(4), 56(c)and 232(1) of the Constitution;

7. The prescribed qualifications for holding or acting in the office;

8. The experience and achievements attained by the candidate;

9. The need to ensure that the candidates proposed for appointment have knowledge and experience in diverse fields including human resource management and development and finance;

10. The conduct of the candidate in view of any relevant code of conduct, ethics and integrity;

11. The need to ensure that at least thirty percent of the vacant posts at entry level are not filled by candidates who are not from the dominant ethnic community in the county;

12. The need for open and transparent recruitment of public servants; and

13. Individual performance.

14. THAT with the shrouded appointment of the candidates, our clients are apprehensive of breaches of constitutional and legal requirements by the Board, of which they are entitled to seek legal redress.

Given the foregoing, our instructions are to demand, as we hereby do, that you supply our office within seven (7) DAYS of service hereof, with the following information and documents to enable us advise our clients further:

1. A list of all successful candidates for the said positions within Kimilili Sub-County.

2. Copies of Post -Secondary Education Certificates of all the successful candidates from Kimilili Sub- County as presented to the Board.

• Score sheets of all the interviewed candidates from Kimilili Sub- County.

This demand is made within the provisions of Article 35 of the Constitution which provides thus:

• Every citizen has the right of access to information held by another person and required for the exercise or protection of any right or fundamental freedom.

TAKE NOTICE that should you fail to supply our office with the said information and documents, our firm and mandatory instructions are to institute legal proceedings against you over the subject without any further reference whatsoever. We hope that such recourse will not be necessary, nonetheless be advised accordingly.

~ BRYAN KHAEMBA, KAMAU KAMAU & COMPANY ADVOCATES ~