GAZETTE NOTICE NO. 9517

PURSUANT to Articles 10, 47 (1), 75, 179 (4), 232 and Chapter Six (6) of the Constitution of Kenya, 2010; sections 30 (2) l, 30 (3), 31 (d) and 44 (2) b of the County Governments Act, 2012, the Fair Administrative Action Act, section K.5 of Human Resource Policies and Procedures Manual for the Public Service and all applicable provisions of the law, the Governor, Vihiga County, appoints a Special Committee to investigate various allegations of gross misconduct and incompetence of Francis Angueyah Ominde (hereinafter “the officer”) and the suitability and propriety of the officer to hold the office of County Secretary in the County Government of Vihiga consisting of the following: Hon. (Retired Chief Magistrate) Uniter P. Kidula–Chairperson Members: Billy E. Nyonje (Dr.) Francis Chisikwa Indoshi (Prof.) Elder Fred Omido Bishop Isaac Wawire Mandate The mandate of the Committee is to investigate alleged acts of gross misconduct and incompetence against the officer who has been interdicted to facilitate investigations and appropriate actions. The Terms of Reference (TOR) of the Committee are to: (a) Study various documents including legislation, policies, rules, regulations, warning and interdiction letters among others that may assist the team in its investigations; (b) Study and categorize as appropriate the alleged acts of gross misconduct against the officer and issues for investigation; (c) Receive, study and analyze information relating to alleged actsof misconduct against the officer; (d) Interview relevant public officers, contractors, suppliers and members of the public who may have information on the alleged acts of gross misconduct; (e) Collect and clearly record all relevant material facts pertaining to the alleged acts of gross misconduct; (f) Investigate and establish whether the alleged acts of gross misconduct for each of the officers have been proven or not giving reasons thereof; and (g) Prepare a well written report with clear findings backed by relevant evidence within the specified timeframes and submit the same to the Governor, Vihiga County. 11th October, 2019 THE KENYA GAZETTE Powers of the Committee In the performance of its functions, the Committee will have all the powers necessary to: (a) Review reports and literature that may inform it on its mandate; (b) Have access to all reports and documents necessary for the effective discharge of its mandate; (c) Hold private hearings whenever it becomes necessary to instill confidence in the people appearing before the committee to allay their fears of adversity or reprisals; (d) Receive written memoranda from individuals and groups on all issues relevant to its mandate; (e) Have access to all reports and documents necessary for the effective discharge of its mandate; (f) To summon any one person deemed to hold relevant information in the course of this inquiry; and (g) To seek clarification from any institution in line with the mandate. Complementary Information and Requirements: The following complementary information and requirements for the assignment shall apply: (a) The Committee is required to prepare and present their Concept Note including clear interpretation of the terms of reference and a detailed programme of work and submit same to the Ag.County Secretary within one (1) week of their appointment; (b) The County Government will, through the Office of the Acting CountySecretary, facilitate the work of the Committee includingproviding them with an office from where they will operate aswell as normal office secretarial services and logistical support; (c) The Investigations Committee may request the County Government of Vihiga to seek the services of any specialist deemed necessary to provide support to the Committee in their work; (d) The Investigations Report shall be submitted within twenty-one (21) days from the date of this appointment. (e) The Team may, if deemed necessary, split into smaller groups or organize themselves in other appropriate ways to enable them to undertake the work expeditiously. (f) Remuneration rates for the Committee will be as stated in a separate letter on payable remuneration which will be computed on the basis of signed and documented attendance of scheduled meetings and satisfactory completion and delivery of specified outputs relating to the assignment and programme of work, among others. Dated the 1st October, 2019. WILBER K. OTTICHILO, MR/6496601 Governor, Vihiga County.