Homa Bay County Governor Gladys Wanga before the National Assembly Budget and Appropriations Committee at Bunge Tower Nairobi on April 14, 2025.
A resident of Homa Bay has written to Governor Gladys Wanga seeking information on the circumstances that led to the dismissal of Chief of Staff Charles Odhiambo.
In his demand letter, Kennedy Ondiek, through Seko Minayo & Co Advocates, argued that the dismissal of Mr Odhiambo and the subsequent appointment of Devolution and Governance Executive Roselyn Omollo as the acting chief of staff has created what he termed as a cloud of uncertainty and administrative instability within the county executive.
In a letter dated April 22, 2025, Mr Ondiek also asked to be furnished with information regarding the whereabouts of the former chief of staff.
Homa Bay Devolution and Governance Executive Committee Member Roseline Omollo at a past event.
“Our client demands a formal statement from your office regarding the current status, whereabouts, and administrative position of Mr Odhiambo,” read part of the letter.
He also asked for the specific reasons why Mr Odhiambo was dismissed in accordance with Section 76 and Section 77 of the County Governments Act, 2012, which outlines the procedure for disciplinary action against county public officers.
Mr Odhiambo was appointed as the chief of staff in the county government on November 22, 2022.
Governor Wanga then terminated his contract over allegations of gross misconduct.
Public confidence
In the termination letter dated March 28, 2025, the county chief said that Mr Odhiambo should have "upheld values and principles of good governance of the public service set out in Article 232 of the constitution".
She accused the former chief of staff of failing to hold the office "in a manner that brings honour to the nation and dignity of the office while promoting public confidence in the integrity of the office".
Ms Wanga dismissed her chief of staff for allegedly violating the stated principles.
“I take great exception, that your recent conduct, through your acts of commission and/or omission, amounting to gross misconduct, unethical conduct and/or insubordination, has brought disrepute and dishonour not only to your office, but most regrettably to the County Government of Homa Bay and notably the Office of the Governor in which you serve as Chief of Staff,” read part of the dismissal letter.
Former Homa Bay County chief of staff Charles Odhiambo.
She continued “In the circumstances, your continued service as my chief of staff is no longer tenable and your contract of employment is hereby terminated with effect from the date of this letter.”
Mr Ondiek asked the governor to provide information on whether due process was followed before the dismissal.
He said confirmation should be provided whether due process was followed in accordance with Article 47 of the Constitution and the Fair Administrative Action Act, 2015, including prior notice, the right to be heard and written reasons for the decision.
“Our client seeks a statement that the dismissal, if effected, was in strict compliance with the county's Human Resource Procedures and Regulations, including adherence to relevant provisions in the County Public Service Human Resource Manual and Employment Act, 2007,” read part of the letter.
The letter also questioned the legality of the reassignment of chief of staff duties that is currently performed by Ms Omollo.
Mr Ondiek, through his lawyers, asked for an explanation of how County Secretary Prof Bernard Muok assigned Ms Omollo the duties of the county chief of staff.
Service delivery
According to him, such an assignment appears to be in conflict with Executive Order No. 1 of 2022, and may exceed the constitutional and statutory powers of the County Secretary under Section 44 and Section 45 of the County Governments Act, 2012.
Prof Muok, in a memo sent to all chief officers and all employees of the county government on April 1, 2025, said the office of the chief of staff, based on the roles it performs, especially in day to day management of the governor’s office, cannot remain unmanned.
"The Office of the Chief of Staff is currently without a substantive office holder. Given the critical and sensitive nature of this office, particularly in supporting the operations of the Office of the Governor, it is necessary to ensure continuity in coordination and service delivery," the county secretary wrote in the memo.
Mr Ondiek also sought information on the administrative measures that have been put in place to ensure continuity, effective functioning and leadership stability in the said office when there is no substantive chief of staff.
“We trust that you will respond expeditiously and in good faith, in line with your constitutional duty under Article 10 to uphold the rule of law, accountability and good governance,” read part of the letter.
