The Ethics and Anti-Corruption Commission (EACC) is investigating Gender Chief Administrative Secretary (CAS) Beatrice Elachi over irregularities performed during her tenure as the Speaker for Nairobi County Assembly.
In a letter dated September 22, 2021, to the Nairobi County Assembly speaker, EACC says that Elachi, while serving as the Speaker and Chair of the Nairobi City County Assembly Service Board, made 28 promotions in disregard of the law.
“The Commission pursuant to its constitutional and statutory mandate is investigating allegations of abuse of office against Hon Beatrice Elachi, the former Speaker and Chair, Nairobi City County Assembly Service Board, and the illegal conduct of the Board,” read the letter in part.
The board led by Elachi allegedly conducted the promotions without requisite budgetary provisions, which led to a budgetary strain in the Assembly.
As a result, the Assembly suspended some critical services to pay salaries, leading to pending bills amounting to Ksh51 million.
The promotions, according to EACC, were done favouring contract employees related to the chairperson of the board as of 2019, Ms Elachi.
“The Assembly had a total of 18 interns as of May 2020 but the board abruptly and without cause terminated the services of all interns except a few. Later on, other interns who had been terminated were recalled and employed on contract. Additionally, some of these officers continued to earn salaries without contracts of employment, occasioning the loss of public funds,” stated a media brief quoted by The Standard.
Some employees were promoted to positions that they were not qualified for, while others were appointed to positions that were not vacant, resulting in overlaps, redundancies and loss of funds.
“Number of officers promoted in certain positions exceeded the advertised positions causing overlaps and redundancies- for instance 10 senior clerk assistants positions were advertised however 13 appointments were made,” added the documents.
The board led by Elachi also created two offices of the Deputy Clerk in 2020, and upgraded the positions to Grade 12 without a job evaluation or advice from the Salaries and Remuneration Commission (SRC).
“The current Deputy Clerk Administration was formerly in Scale 8 and was superseded to Scale 12 and in contravention of Civil Service Code of Regulations, and Section 21 the County Assembly Services Act, 2017, which contemplates a Deputy Clerk, and not Deputy Clerks,” added EACC.
In 2018, Deloitte and Touché was paid Ksh6 million by the Assembly for recommendations on human resource policy, which were adopted by the board in 2018, but rejected by 2019 board.
Among the documents being sought by EACC in the investigations include Nairobi City County Assembly Human Resource Policies and Procedures Manual, the approved Nairobi City Assembly Service Board (NCASB) scheme of service, the approved Nairobi City Assembly Service Board (NCASB) organizational structure from 2014, the Deloitte and Touche Consultancy report (including the contract for the provision of consultancy services, LSOs, invoices, and payment vouchers for the consultancy services), minutes of the board approving the engagement of Deloitte to review the NCASB organizational structure and approving the final report of Deloitte, copy of the internal advertisement for the positions which were advertised in June 2020, register/list of all the applicants, long listing reports, and shortlisting reports, list of interview panelists, individual score sheets and interview reports for all the positions, appointment letters for all the successful candidates with effect from September 2020, personal files for the Deputy Clerk Administration and all Directors (NCASB).
Also sought by EACC include personal flies for Joseph Vundi and Anthony Stonik, the approved budget for the 2019/2020 and 2020/2021 financial years, payroll for all staff on contract for the months of May to December 2020, details of Nairobi City County Assembly Service Board members as of September 2017, resolution of the Assembly Service Board approving the appointment of Ms Monica Muthami as acting Clerk, and a letter from Beatrice Elachl appointing Ms Monica Muthami as Clerk on October 30, 2019.
“Our officers Peter Mwita and Kennedy Mwukenya will be available to receive the documents on or before 29th September 2021 and record your statement,” EACC said.