Nakuru Governor Susan Kihika has suffered another setback after the Employment and Labour relations court in Nakuru quashed the nomination of 10 County Executive Committee Members.
Justice Hellen Wasilwa ruled that the appointment process was skewed, did not reflect the diversity of the county, and should not be allowed to proceed.
“The court issues orders of judicial review quashing the first respondent press release or any document of the purported nominations and appointment of interested parties or any other person nominated without consideration of statutory and constitution provision as county executive committee members of Nakuru county government,” the judge ruled.
Wasilwa said the appointments were contrary to Article 232 of the Constitution on the values and principles of public service ordering for a fresh nomination to be done.
She observed that the governor failed to demonstrate that there was merit as the basis of the appointments.
Further, the court said there was no demonstration that in the appointments, there was a representation of diverse communities within Nakuru despite the county being cosmopolitan with all tribes.
She issued an order of mandamus compelling the governor to initiate a proper legal process of filling the positions of the County Executive Members as contemplated in the constitution.
Justice Wasilwa at the same time struck out an application by Kihika who sought to have the court recuse itself from handling the matter and the locus standi by the petitioner to move to court.
She observed that with the matter touching on the creation of an employer-employee relationship, the matter squarely fell within the court’s jurisdiction.
Governor Kihika nominated 10 members to the CEC’s positions on October 13, 2022, through a press release. 478 members applied for the positions.
In a petition filed by Dr Magare, a surgeon, Daniel Kipngetich, challenged the appointment of CEC nominees saying it did not reflect ethnic and cultural diversity.
They sued Kihika, the County Government, County Assembly, and County Attorney and listed the 10 nominees as interested parties in the petition.
Magare and Kipngetich added that the appointment was contrary to the County Government Act and the constitution of Kenya.
Kipkemboi Sirma, a lawyer representing Daniel Kipngetich, has welcomed the judgement saying the Governor should go back to the drawing board and appoint new CECs based on the county’s diversity.
“We request the governor in her next appointment to get CECs who reflect the face of the entire county of Nakuru. She must give special bias to the Kikuyu, Kalenjins and all the other tribes in Nakuru.”
In other news – Akothee threatens to take legal action trolls
Akothee has threatened to take action against bloggers tarnishing her name.
Akothee said she had accomplished a lot but people choose to only concentrate on how many men she has dated.
“It has come to my attention that Kenyans have been looking for me. I am here and I’m here to stay,” she said.
“You wake up in the morning, and the first thing you come to is my page. You do not even have a life that’s why you are always gossiping about mine. Akothee this, Akothee that….Oh, role model, Akothee has many husbands, body count.” Learn More