Kabete MP George Muchai risks losing his parliamentary seat after he failed to resign as a member of a state corporation.
This means that Muchai is holding two public offices—as an elected official and as a member of the board of a state corporation— which is irregular and deemed illegal under the law.
Muchai is the vice chairman of the National Industrial Training Authority Board, a state corporation in the Ministry of Labour Social Security and Services. Muchai sits in the state institution as a representative of Central Organization of Trade Unions (COTU) where prior to his political debut, served as the deputy secretary.
Late last year Independent Electoral and Boundaries Commission issued a directive to all the aspiring candidates already in public service to resign six months before the March 4 general elections in compliance with the law.
Section 43(5) of the Elections Act, requires that public officers intending to contest elective posts resign at least six months before the polls.
This means that Muchai ought to have tendered his resignation as a NITA board member by September 4, 2013. MPs are state officers and are not permitted to serve as board members of state corporations.
According to the act, any public officer who violates the provision is deemed to have committed an offense and is liable upon conviction, to a fine not exceeding Sh1 million or to imprisonment for a term not exceeding three years, both.
Muchai ran for the Kabete parliamentary seat on The National Alliance party ticket and won beating former Kikuyu MP Lewis Nguyai.
Sources at NITA and at the parent ministry confirmed that Muchai has attended eight NITA board meetings since his election in March.
At the end of every meeting, Muchai like other board members has been paid a Sh20,000 sitting allowance as well as an additional Sh2,000 for lunch.
Attempts by the then Labour minister John Munyes to regularize the matter by revoking Muchai's membership on the board was thwarted when Cotu rejected the decision..
Munyes, in a gazette notice No 48 issued on March 15 after Muchai was elected to Parliament, announced the revocation.
On April 11, the NITA board chairman Thomas Akuja wrote to Cotu secretary general Francis Atwoli informing him of the revocation and requesting Atwoli to "consider an appropriate replacement."
In his reply, Atwoli said that “replacement of Muchai in the board was uncalled for” and that NITA should be “advised accordingly”.
“We wish to state clearly that the revocation by the minister of Muchai as the vice chairman of NITB has no bearing whatsoever on his nomination by COTU as its representative on the board and that he will continue to serve in the board,” reads the letter in part.
“For avoidance of doubt, COTU, has confidence in Muchai and will continue to effectively represent workers on board,” states Atwoli’s letter.
Numerous attempts were made to get Muchai to comment on the situation but he failed to pick calls or even respond to text messages. Similarly, it was not possible to get Atwoli to comment on the matter.
Sources at the board and also at the ministry accused theIEBC and Cotu of allowing Muchai to continue flouting the law with impunity.
“We have informed the relevant authorities of government but are wondering why IEBC and COTU are silent on the issue yet they have the powers to enforce the law. Why is IEBC silent and allowing the continued violation of the constitution and the Elections Act ?,” said a source from the board who did not want to be named.
The IEBC chief executive officer James Oswago said the commission had yet to receive an official complaint from anyone about Muchai holding two public offices at the same time.
He said that as soon as the commission received a formal complaint, it would initiate investigations to establish whether or not Muchai is in contravention of the law.
"I can promise you that so far no complain has been filed with us. By the way there were other state agencies that were involved in clearing all the aspirants who had been nominated by their respective political parties. If Muchai was given clearance certificate by all these bodies contrary to the law, then necessary course of action will be taken,” he said.
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