Mangiti created illegal position for NYS boss - Parliament told

Sacked Devolution principal secretary Peter Mangiti overruled directives from the Public Service Commission (PSC) and went ahead to create a non-existent position for suspended NYS deputy director Adan Harakhe, parliament was told yesterday.

Ms Alice Otwala, the PSC secretary said despite the commission declining to allow the creation of the position of Senior Deputy Director General National Youth Service, Mr Mangiti went ahead to create the same.

“Despite the commission having written to the PS on numerous occasions declining the creation of such a position, the PS went ahead and created the same with impunity. He unilaterally established a non-existent position that was and has never been recognised in the public service,” Ms Otwala told the Public Accounts Committee (PAC) that is probing the theft of Sh791 million at the NYS when Harakhe was in charge of NYS funds.

Ms Otwala told PAC that as far as the civil servants employer is concerned, Mr Harakhe remained the deputy secretary at the NYS and not the senior deputy director general.

“Despite his new position, he remained in the salary scale of a deputy secretary. Harakhe had no basis to run around with that new title which he has been boasting off with impunity,” she said.

Committee chairman Nicholas Gumbo, vice chairperson Jackson Rop, members Kanini Kega and John Mbadi put Ms Otwala to task to explain why the commission abdicated its responsibilities by allowing a PS to appoint persons to offices that is not recognised in the civil service.

“To date and having declined to allow the PS and NYS to create the illegal position of senior deputy director, what have you done if not to give NYS an opportunity to create two deputy directors positions?” Mr Rop asked.

Create new position

Mr Mbadi sought to know where Mr Mangiti derived powers to create the new position for Harakhe contrary to the PSC Act and the civil service human resources policy.

“Did you see his file to ensure that he was competent to be promoted several times from Kisumu to Office of the President and to the NYS to be Senior Deputy Director General?” Mbadi asked.

Ms Otwala said the PSC had delegated its powers to various ministries and departments. He said the commission had delegated its powers to former Devolution Cabinet Secretary Anne Waiguru and the then NYS director General Nelson Githinji at the time Mr Harakhe was interdicted.

Ms Otwala was at pains to explain why Mr Harakhe was still earning his full salary and all other perks attached to his position despite having been interdicted on grounds of fraud.

The MPs said the PSC had contravened its laws governing the disciplinary action on public officers.
“I know that when an officer is interdicted in public service, they are put on half salary. But when Harakhe appeared before us last week and on his volition, he told us that he is earning his full salary complete with the perks. Why have you contravened the law?” Mr Gumbo asked.

Ms Otwala said she was not aware that the suspended officer was still on full pay and promised to address the matter as a matter of urgency.

“Beyond delegation, we audit ministries to find out whether they comply with human resource policy. In the Harakhe case, I will personally find out why he is on full salary and if that is the case we shall cause to be recovered all the money that he has earned beyond the stipulated half salary,” she told PAC.

Ms Otwala said upon interdiction, Mr Harakhe was automatically supposed to be on half pay. She blamed the NYS human resources department for failing to deduct Harakhe’s half pay pending conclusion of his case.

The MPs directed Ms Otwala to report the action taken on the payments.

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