The Nation (Nairobi)

Kenya: Court Overturns Council Chairman's Election

Ouma Wanzala

3 October 2008


Nairobi — A Busia court has nullified the election of the cA Busia court has nullified the election of the chairman, vice-chairman and committee members of Funyula Town Council.hairman, vice-chairman and committee members of Funyula Town Council.

The ruling followed an application by councillors Hanningtone Awori, Evans Nderema and Moses Sioka challenging the election early this year of chairman Benson Odunga and committee members.

Resident magistrate Mary Njagi ruled that fresh elections be held in 30 days after both parties agreed that the poll be nullified. The magistrate ordered the council to pay the Sh104,875 cost of the suit.

In a related development, Mr Awori, whose nomination was quashed by Local Government minister Musalia Mudavadi when he released the new list of nominated councillors, insists he is still in the post.

Elsewhere, a municipality chief officer is being investigated by the police for allegedly assaulting a worker.

Busia deputy police boss Micheni Muthamia said that the worker had demanded his salary, which had not been paid for three months, when he was allegedly assaulted by the officer.

"We have asked the worker to bring in more witnesses so that we can charge the officer," Mr Muthamia said.

Busia Mayor Wilberforce Ochuka admitted to Saturday Nation that the council owed some workers three months' pay. He attributed the delay to poor revenue collection during the post-election violence period earlier this year.

He also blamed overstaffing for the council's financial problems and said 14 workers who had been irregularly hired had been sacked.

"The council is collecting about Sh3 million monthly yet our salary bill is Sh3.5 million, making it impossible to pay all workers on time," Mr Ochuka said.

He said that eight workers who have refused to go on leave for the last six years due to the salary delays had been given mandatory leave.

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