Controversy has rocked City Hall after Governor Johnson Sakaja dismissed County Attorney Lydia Kwamboka.
It is said that the differences between the legal office and the Finance department over payment of pending legal bills led to her removal from office.
Her dismissal letter read in part, “We are grateful for the service rendered during the transitional period following the lapse of your employment contract. Following the appointment of acting county attorney, you are required to handover.”
Her contract with the devolved unit lapsed on December 31, 2022 after former governor Mike Sonko extended it in 2019.
However, Governor Anne Kananu extended the contract by a further six years effective July 13, 2020.
This means that Kwamboka’s contract was to expire in July 2026.
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The letter by Kananu dated July 20, 2022, read in part, “Your term of service has been extended accordingly to six years with effect from the commencement of the Office of the County Attorney Act 2020 i.e July 13, 2020.”
Kananu cited The Office of the County Attorney Act, 2020 which provides that the County Attorney shall serve for a period of six years.
Section Four of the Office of the County Attorney’s Act, 2020, provides for the office of the county attorney and requires that the officeholder be appointed by the governor, with the approval of the county assembly.
Kwamboka was impeached in July 2021 for practicing without a valid license and abuse of office.
A week before her termination, Kwamboka appeared before the Justice and Legal Affairs Committee where she accused the Finance department of assuming her roles.
“We go through the legal files as the legal department and once we are satisfied, we forward the file to the finance for payment. The legal department has the mandate to decide which companies are to be paid, not finance,” Kwamboka told the MCAs.
It is then that the governor questioned a series of payments to legal firms including a Sh250 million payment to Kuza Firms and Allied Limited for a 2.5 acre piece of land belonging to AEF Reuben Primary School.
The aforementioned firm is associated with politician Cyrus Jirongo. The payment was made in 2019.
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The Ethics and Anti-Corruption Commission (EACC) has since received a petition from one Bryan Yongo, urging it to look into the payment that was made even after the firm declined to handover the title deed in exchange for the money.
Court documents show that Jirongo used the title deed to obtain a Sh20 billion loan.
Kahawa Tungu also understands that Kwamboka has been prioritizing firms owned by associates. For example, the former CA enlisted the services of Maina Njenga & Kwamboka Advocates that received over Sh300 million in legal fees.
In her office, it is said, she has employed her kinsmen in contravention of Article 10 of the constitution and the leadership And Integrity Act.
Kwamboka has tried unsuccessfully over the past week to return to the County through the courts, claiming that her departure was improper and illegal.
On Tuesday, she told The Star that she has been working from one of the county boardrooms after her offices were locked and locks changed.
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