By Torch Africa Civil Society Organization.
email torchafrica@gmail.com
1. The 31st of October 2023 is the day when Justice Jemima Wanza Keli had scheduled for confirming submission of the Report of the Verification Exercise of the 463 alleged Greviants/ Casual Workers of the Defunct Local Authorities in Bungoma by 2012.
2. The Verification Exercise was pursuant to the ELRC Judgment dated 28th July 2023 and further directions of the Honourable Court on 28th September 2023.
3. In this regard, the Submission of the Verification Report by the County Public Service Board (1st Respondent therein) and the County Government of Bungoma ( 2nd Respondent therein) was in compliance with the aforementioned Judgement and Directions of the Honourable Court.
5. On the 30th of January 2023, the County Government through the Office of the County Attorney and County Secretary filed an Application for Review of the Judgment in Petition No I of 2019.
6. On the 7th February 2023, Yours Truly filed an Application for Review of the Judgment, Orders and Decree had been delivered by Justice Mathews Nduma Nderi on 13th May 2020.
7. On the 7th August 2023, the County Government of Bungoma published in the Daily Nation and the Standard Newspapers a Public Notice inviting all the 463 grievants to appear for the said verification exercise.
8. The Verification Exercise was carried out on 14th August 2023 by the County Public Service Board, County Government of Bungoma in the presence of the Deponent Moses Maelo Muyundi and Officials of the Kenya County Government Workers Union( KCGWU- Bungoma County Branch) in Petition No. 1 dated April 2019.
9. The County Public Service Board in collaboration with the County Government of Bungoma received the information, analysed and retreated to compile the Report filed vide E-filing System on 27th October 2023.
Summary of the Verification Report
10. The Verification Report consists of the following documents:
10.1. A Copy of the Newspapers Advertisement;
10.2. A Copy of the Register of Attendance of 286 who turned up for the Verification Exercise;
10.3. A Copy of the Raw Data collected by the CPSB during the Verification Exercise at the Governor’s Square;
10.4. A List of 177 grievants who did not appear for the Verification Exercise as ordered by the ELRC Presiding Judge;
10.5. A List of 54 persons who were under age in 2012 during the period of transition from the Defunct Local Authorities to the County Government of Bungoma;
10.5. An analysis of the 177 Appointment Letters allegedly signed by one of the then Administrators in the Defunct Local Authorities by the name Paul Simiyu Mumelo, who disowned all the 177 Letters as the work of forgery through his duly signed and commissioned Affidavit;
10.6. Copies of Two(2) Letters allegedly signed by Dominic Obunga Mitimbo who has disowned the work of forgery through his duly signed and commissioned Affidavit;
10.7. Copies of the Three(3) Letters allegedly signed by one Josephat Masila Ayonga through his duly signed and commissioned Affidavit;
10.8. A Copy of a Letter allegedly signed by Mildred Khasiala Induli, who disowned it as work of forgery through her duly signed and commissioned Affidavit;
10.8. A List of 104 persons/ grievants who did not have any letter of employment from the Defunct Local Authorities in Bungoma by 2012.
11.*A Synopsis* *of* *the* *Verification* *Findings and Minute Resolution *by* *the* *County*Public**** *Service* *Board*of* *Bungoma* :
11.1. That 177 grievants did not appear for the Verification Exercise as directed by the ELRC Court;
11.2. That 246 were of the majority age as at the alleged time of employment and/or 2012, but could not prove that they ever worked with the Defunct Local Authorities as alluded to before the Honourable ELRC Court in Petition No 1 of 2019;
11.3. The 177 Letters allegedly signed by Paul Simiyu Mumelo were disowned by him as work of forgery;
11.4. That the letters allegedly signed by Mr. Dominic Obunga, Mr. Josephat Ayonga and Ms. Mildred Induli were disowned by them as work of forgery;
11.5. That a letter of employment signed by one Arpharxed Wekati Walunywa( Diseased) is work of forgery as the signature in the purported letter differs from Mr. Wekati’s Specimen signature;
11.6. That out of 104 persons/grievants, 2 submitted documents without the names of the signatories hence unauthentic and cannot amount to Appointment Letters( they were unable to produce the original documents).
*12. CONCLUSION*BY THE *CPSB* :
12.1. Following the above observations and findings, the board is if the view that none of the grievants can be employed.
12.2. Accordingly, the Board herein resolves that none of the persons on the list of 463 qualified to be employed in the County Public Service.
12.3. The cited Report was signed by the Chairperson, Vice Chairperson, Secretary/ CEO and other 3 Members of the County Public Service Board of Bungoma on the 19th of October 2023.
13. The Verification Report by the County Public Service Board and the County Government of Bungoma was filed on 27th October 2023 vide E-filing Portal.
14. Torch Africa Civil Society Organization has not added or subtracted anything from the aforementioned Verification Report. We have shared the information for public consumption in the spirit and letter of Article 35 of the Constitution of Kenya, 2010 as read together with the Access to Information Act, 2016.
15. The Presiding Judge set 30th November 2023 as the date of Final Judgment in Respect to the Submissions/ Verification Report of the 463 Grievants.
16. Torch Africa Civil Society Organization reserves its comments on the merits and/ or demerits of the Verification Report and the Pending Judgment.
17. The Judgment will be delivered by the Presiding Judge of the Honourable ELRC Court at Bungoma on the aforementioned date.
Stay tuned for more information and updates.
You shall know the truth and it shall set you free.
Let justice ⚖️ remain our shield 🛡️ and defender.
Best Regards,
Torch Africa Civil Society Organization
Email torchafrica@gmail.com
