A case in which Bungoma governor Kenneth Lusaka was sued by a suspended county executive member failed to kick-off at a High Court in Kisumu after he failed to file response to the allegations.
The suspended County Gender and Culture executive Consolata Wakwabubi had sued Governor Lusaka alongside the County Secretary and the Public Service Board for wrongfully dismissing her for the alleged misappropriation of Sh12.5 million.
In a sworn affidavit, Ms Wakwabubi accused the governor of plans to malign her name for his own selfish gains.
She said the alleged misappropriation of Sh12.5 million in her docket took place befor she assumed office as the Chief Officer of Gender and Culture.
She said she was not accorded a fair hearing to defend herself over the allegations owing to the fact that she assumed office in December 11, 2014 but the Bungoma County Public Service Board investigations only covered the financial year running from July 1, 2013 to June 31, 2014 in which she was not a party to.
"My attempts to have a comprehensive handling over report was me by rude responses and hence I was not able to respond accordingly to the audit queries raised therein," said Mrs Wakwabubi in an affidavit sworn in court.
She also accused the governor of failing to remit her salary while she was on suspension while by law she is entitled to receive a quarter of her salary, full house allowance and a medical cover.
In a replying affidavit however, the County Secretary Chiuli Murumba however denied that Ms Wakwabubi was not accorded a fair hearing.
He stated that the county appointed an Ad-Hoc Committee who submitted a report confirming the alleged abuse of office and loss of funds through misplacement, embezzlement, falsification and fraud hence the resolution by the County Service Board to terminate the employment of Ms Wakwabubi.
In the affidavit, the County Secretary cited the misappropriation of Sh9,724,000 that was meant for the Kicosca games that were held in Eldoret.
He also cited falsification of documents in regards to a workshop that was supposed to be held in Kisumu on July 7, 2015 amounting to Sh2,828,950.
"Owing to the misappropriation of funds and failure to meet the bills of the hotel in Eldoret during the Kicosca Games by Mrs Wakwabubi, three county vehicles were detained for non-payment causing embarrassment to the leadership and to the County Government of Bungoma," read Mr Chiuli's affidavit in part.
He said that that the suspended county executive member failed to ensure that money was used in lawful, authorized, effective, efficient, economical and transparent manner. That she took possession of public funds without lawful authority and misappropriated them.
Mr Chiuli called on the court to dismiss the petition as he raised concerns over the notice of motion by application that he said amounted to a blatant abuse of the processes of the court.
The case will be mentioned on June 20, pending the hearing and the determination of the case.