By The Weekly Vision Reporter
Commissioners with the Nairobi River Commission have been earning salaries against the law. President William Ruto established the Commission under Gazette Notice No. 14891 on December 1, 2022, to serve for a term of three years, with the possibility of renewal once, based on performance. The issue has sparked demands for a surcharge to be imposed against them, they were only entitled to allowances.
Dr. Pamela Olet was appointed to head the commission during the appointment process, which involved seven other commissioners. One of the commissioners, former Kiambu Governor Ferdinand Waititu, had his appointment annulled by the High Court after being impeached as governor and was therefore not eligible to hold a public office.
It has been discovered that the State Department for Devolution, where the Nairobi River Commissioner is domiciled, received an Authority to Incur Expenditure (AIE) of Kshs. 100 million from the Office of the Deputy President on May 31, 2023. The purpose of this allocation was to support the operations of the Commission. A total of Ksh. 17,761,164 was paid by the commissioners for their services as full-time employees over a period of 7 months. Nevertheless, the appointment letters and Gazette Notice No. 14891, which appointed these commissioners, did not explicitly state their appointments as full-time positions.
Additionally, there is no legal requirement for the commissioners to be appointed on a full-time basis, and therefore the salary received for full-time work is inconsistent and subject to recovery. In light of the circumstances, it is essential that the commissioners are obligated to reimburse the salaries earned, as their entitlement is restricted to allowances only.
According to the gazette notice, the commissioners were obligated to present a quarterly progress report to the Deputy President’s office. Their appointment was for a period of three years, with the opportunity for renewal once based on their performance. In addition, the gazette notice explicitly mentioned that the commission’s undertakings will be funded by the national government and the Nairobi City County government through appropriate appropriations.
It has also been uncovered that two of the commissioners, while receiving salaries, are also seconded to the commission and hold positions as civil servants. These commissioners are Grace Sebewa, who is seconded from the ministry of environment, and Mumo Mutava, who represents Nairobi City County. Other commissioners seconded from the private sector and professional bodies are Eva Muhia, Carlota Lago, Eng. Elijah Biama, and Duncan Ojwang’.
Their terms of reference are to regenerate the rivers of Nairobi as a fundamental part of the city’s blue and green infrastructure to improve the urban environment and quality of life. Moreover, the commission has been entrusted with the task of promoting public awareness about the sustainable protection of the Nairobi River basin and encouraging public participation in its restoration.
