Nyamira County standoff deepens as Senate steps in, demands action
Controller of Budget Margaret Nyakang’o.
The wrangles in the Nyamira County government are nowhere near ending, with the protracted leadership conflict now turning the devolved unit into an embarrassment, senators have warned.
In efforts to resolve the standoff, senators heard on Tuesday that key national government operations are on the brink of being impaired, which could greatly impact the people of Nyamira.
Appearing before the Senate Devolution and Intergovernmental Relations Committee, the Controller of Budget (CoB), Margaret Nyakang’o, revealed that her office has not been spared from the anarchy, leaving her right in the middle of the conflict.
Nyakang’o, who coincidentally hails from Nyamira County, was dragged into the melee after senators questioned her continued disbursement of funds to the county government, which has since split into two factions.
The committee heard that Nyakang’o’s efforts to seek clarification on the legitimate county officials have been met with “sporadic” responses—even as late as Monday evening.
According to the CoB, her office wrote to the acting clerk, Duke Onyari, seeking clarification on Nyamira County leadership in a letter dated December 10, 2024, only to receive a response from a lawyer who was not addressed.
“We kept receiving conflicting information. One letter would tell us one thing and another would negate it. There were legal challenges,” stated Nyakang’o.
“This office did seek clarification on leadership. We received a response from a lawyer—I don’t know how my letter got to a lawyer.”
“We have made many attempts to try and find out from the clerk. A response comes from a different quarter altogether that I didn’t address. I have been left in the middle.”
The CoB stated that she approved Sh7.5 billion for Nyamira County, which was increased to Sh8.1 billion in a supplementary budget after it was passed by the county assembly on November 26, 2024.
The supplementary budget, according to the CoB, was passed on November 26, 2024, and gazetted the following day, November 27.
“It was submitted by the Finance Officer Geoffrey Nyakoye and signed by Governor Amos Nyaribo, Speaker Enoch Okero, and acting clerk Silvanus Ndemo.”
Nyakang’o further distanced herself from the warring factions in Nyamira, reiterating that she does not deal directly with the speaker nor the county assembly but only with the County Executive Committee (CEC) Finance, as stipulated by the law.
“I find myself in a difficult position because I don’t deal with the county assembly directly. I deal with the county treasurer. I don’t deal with any payment transactions. I approve withdrawals. The auditor-general looks at transactions. I look at the usage of the budget—how they have used funds,” explained Nyakang’o.
“Issues of factions wouldn’t come to me. It is the CEC Finance who should give me the legitimate officers. I don’t recognise any factions—actually, I don’t know them. We have a checklist that ensures the supplementary budget has been passed by law.”
“I don’t deal with the speaker. I’m not part of passing the budget. Once it’s passed, it’s sent to me. My mandate starts with the implementation. If there are any changes, CEC Finance will notify me. I don’t deal with the speaker.”
Responding to Nyamira Senator Erick Omogeni on the issue of continuing to disburse funds to the county government, Nyakang’o clarified that her office will continue doing so, as no PFM rule has been flouted.
“All finance issues are covered by the PFM Act. The CEC Finance is the county treasury. All issues of money follow one rule.”
“Nothing stops me from continuing to disburse funds. Until those regulations are flouted, that’s when I’ll stop. I don’t deal with the speaker. The one who handles payment is the clerk. I’m not part of passing the budget. Once it’s passed, it’s sent to me. My mandate starts at implementation.”
Spectacle of accusations
The committee, chaired by Wajir Senator Mohamed Abass, was treated to a spectacle of accusations and counter-accusations between the two factions aligned to the ousted speaker Okero and the newly elected speaker, Thaddeus Nyabaro, who is also the Ekerenyo Ward Member of the County Assembly.
Okero narrated to the senators how he was unceremoniously kicked out of the county assembly without a mace in what he termed a “planned coup” for implementing the court decision that reinstated the majority leader.
“I was just kicked out. It was a planned coup. The sergeant-at-arms didn’t perform his duty. I exited without a mace.”
“The majority leader went to court and got orders. I was implementing court orders. The other faction felt I was protecting the side they did not want—they felt I was protecting the member who had a court order. There was an initial ruling about who is the majority party in the county assembly,” stated Okero.
In documents tabled before the Committee, he narrated how he later received a suspension letter dated October 8, 2024, which he was served by an MCA via WhatsApp on October 9.
The speaker stated he invoked the County Standing Orders which allow Bunge Mashinani, saying the county assembly was no longer tenable after hired goons infiltrated it when he went back to discharge his duties as ordered by the High Court.
The acting speaker, through his legal counsel, reiterated that Okero was suspended and that there is no court order reinstating him as the speaker.
“There was no motion to pass Bunge Mashinani. This was the genesis of a parallel county assembly contrary to law. This creates a parallel command structure, causing confusion.”
In a dramatic scene, the Nyabaro-led faction, which has 15 elected MCAs, presented the county assembly mace with the chief sergeant-at-arms to prove they are the legitimate side, which Okero brushed off, arguing that “those are symbols of authority. You cannot have the symbols without the authority.”
The Ekerenyo Ward representative was, however, at pains to explain how he was leading the county assembly as the newly elected speaker while he was still an elected MCA—contrary to Article 178.
The senators, led by Richard Onyonka (Kisii), Omogeni (Nyamira), and nominated senators Margaret Kamar and Peris Tobiko, called upon the Nyamira County leadership to settle their disputes to avoid the issue escalating to a point of no return.
“Nyamira is an embarrassment to me and the country because your people deserve better. Please agree to sort out the Nyamira issue,” stated Onyonka.
According to Omogeni, “The people of Nyamira should have one assembly. If these issues are not resolved, they will degenerate into something worse. Sort your differences with one assembly.”
“Every devolved unit should work for the people. In Nyamira, the theatrics are at another level,” stated Tobiko.
Senator Kamar urged the leaders to “listen to one another. If it doesn’t work, other measures will be taken.”