Kenya: Kisumu CEC Nerry Achar Steps Aside to Clear His Name After Ouster

Kisumu County's Energy and Industrialisation executive Nerry Achar has stepped aside following pressure from ward representatives, who impeached him in 2019.

Mr Achar was hounded out of office while serving as Finance and Economic Planning county executive committee (CEC) member.

In a statement on Monday, Governor Anyang' Nyong'o said he had received Mr Achar's notice and had accepted it.

The governor said the senior county official made the move to focus on clearing his name before the courts, where he filed a notice of appeal seeking to challenge his impeachment.

"This is to allow the conclusion of a judicious matter that the county minister is engaged in," he said, adding he had informed Speaker Elisha Jack Oraro that he had accepted the notice.

COURT CASE

In August 2019, the assembly impeached Mr Achar over claims that he was incompetent and therefore unfit public office.

He challenged the ouster at the Employment and Labour Relations Court but lost the suit so he later filed a notice of appeal seeking to overturn the ruling that upheld his impeachment.

Governor Nyong'o later moved him to the Energy and Industrialisation docket in the same capacity.

His move to step aside came a day ahead of Speaker Oraro's ruling on a committee report on his re-appointment to Prof Nyong'o's cabinet.

QUESTIONS

The MCAs once again pursued Mr Achar's removal office, noting he was impeached from the Finance docket over incompetence, abuse of office, gross misconduct and gross violation of the Constitution.

An 11-member committee Mr Oraro formed to look into the matter ruled that the governor violated the rule of law when he redeployed Mr Achar instead of dismissing him.

In its recommendations, the committee proposed that the Ethics and Anti-Corruption Commission (EACC) and other prosecutory organs be invited to investigate the conduct of the CEC when he was Finance minister.

The report also recommended that the county show why Mr Achar remained in office despite being impeached.

It further recommended that pursuant to the CEC's impeachment and the declaration that he is unfit to hold any public office within the county, the assembly should terminate any transaction with him and declare him a persona non grata in the Kisumu government.

Speaker Oraro is expected to rule on issues including whether the CEC filed any records of appeal challenging his impeachment.

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