A former employee of Kisii County has put up a strong fight to stop the Ethics and Anticorruption Commission from recovering Ksh. 3.2 million from his bank account which the commission claims he illegally earned between the years 2013 to 2017. Mr Evans Nyaoga told High Court Judge Justice Easter Maina, that the amount in question was not illegally earned as argued by the EACC, and that he was indeed an employee of Kisii County as the County Ward Administrator in the year 2013.
In his defence through his lawyer, Dunstan Omari said Mr Nyaoga applied for the job when it was advertised, and when he appeared before the county recruitment panel under the chairmanship of Mr David Ondimu Kombo who led the then County Public Service Board, he was not interviewed but was given a go-ahead to take up the job.
Mr Evans Nyaoga testified that after he resigned in 2017 he was arrested by officers from EACC and charged with the offence of using fake documents to gain employment in the public sector (Kisii County). He was later found guilty and fined Ksh. 550,000 which he later paid
The Board told the applicant that his case had been communicated by the then County Governor James Ongwae and that there was no need for him to go through the interview. Mr Nyaoga admitted that he only had a form 4 certificate as his academic qualifications despite there being other applicants who included one with a master’s degree and four other graduates, he is the only one who was taken, according to him, it was a reward from the Governor for having campaigned for him during the 2013 general election for the position of governor.
He testified that after he resigned in 2017 he was arrested by officers from EACC and charged with the offence of using fake documents to gain employment in the public sector (Kisii County). He was later found guilty and fined Ksh. 550,000 which he later paid. He told the court that the academic documents seen by investigating officers in his file at the county did not emanate from him.
The court directed parties that the defence should file a submission within 21 days and the prosecution Council to file theirs within 14 days and the matter be mentioned on November 22nd to confirm compliance.
