Mangiti created illegal position for NYS boss - PSC

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 National Youth Service deputy director Adan Harakhe, Parliament was told yesterday.

PSC secretary Alice Otwala said though the commission had declined to allow the creation of the position of senior deputy director-general for the National Youth Service (NYS), Mr Mangiti went ahead and created it.

“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 Mr Harakhe was in charge of NYS funds.

Ms Otwala told the 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.

DELEGATED POWERS

Committee chairman Nicholas Gumbo, vice-chairman Jackson Rop, and members Kanini Kega and John Mbadi put Ms Otwala to task to explain why the commission abdicated its responsibilities by allowing a principal secretary to appoint persons to offices that are 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.

Mr Mbadi sought to know where Mr Mangiti derived the powers to create the new position for Mr 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 [the] 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 then NYS director-general Nelson Githinji at the time Mr Harakhe was interdicted.

FULL SALARY

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 the grounds of fraud.

The MPs said the PSC had contravened its laws governing disciplinary actions against 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 that upon interdiction, Mr Harakhe was automatically supposed to be on half pay. She blamed the NYS human resources department for failing to cut his pay by half pending the conclusion of his case.

The MPs directed Ms Otwala to report back to them on what action is taken regarding the payments.

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