Not many can stand up against employment advisories from the Attorney General in Kenya with lack of employment being a perpetual nagging problem. But one Tabitha Mutemi can.
As a full time employee of the Independent Electoral Boundaries Commission of Kenya, Tabitha draws a government salary. Recently when the Media Council of Kenya was recruiting for Board Members she applied and was offered a position from which she now earns her second government salary.
According to Section 2(1) of the Fourth Schedule of the Independent Elections and Boundaries Commission Act 2011 a member of the Commission is expressly prohibited from holding another public office. In one of her numerous correspondences on the matter (captioned above) Tabitha, through her lawyers, quotes the very legal article that prohibits her from holding a second office but craftily attempts to wiggle her way out.
Standing advised by the office of the Attorney General on the illegality of Tabitha's appointment the CS ICT Joe Mucheru wrote on the same matter but his communication went unimplemented.
Even a letter from the Head of Public Service, Joseph Kinyua could not make her budge. Tabitha is the current Chairperson of the Association of Professional Broadcasters (APB) but the law does not provide for her automatic membership in the Media Council of Kenya Management Board.
CS Joe Mucheru has been defeated to stop her.
So far Tabitha has defied all legal avenues to stop her from drawing two salaries from the government.
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