Court instructs Kihika to pick Nakuru CECs afresh
Nakuru Governor Susan Kihika yesterday suffered a major blow after the Employment and Labour Relations Court quashed the appointment of 10 County Executive Committee (CEC) members.
Lady Justice Hellen Wasilwa, the court ruled that the appointments are invalid and unconstitutional as they lacked transparency and competitiveness.
In the landmark decision, Wasilwa said the appointments were contrary to Article 232 of the Constitution on values and principles of public service ordering for a fresh nomination.
She observed that despite the governor lodging an objection to the suit, she failed to demonstrate that there was fair competition and merit as the basis of the appointments.
“It is in my finding that the process, so far initiated for the appointment of CECs in Nakuru was skewed as it does not reflect the diversity of the county, and the same should not be allowed,” ruled Wasilwa.
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.
“The court issues an order of judicial review by way of statutory quashing the governor’s press release or any document of the purported nomination and appointment of CECs,” she added.
Wasilwa further issued an order of mandamus compelling the governor to initiate a proper legal process of filling the positions of the CECs as contemplated in the Constitution.
“An order of judicial review prohibiting the respondents from processing the nomination and appointment of the list, the governor should perform her duties as per the oath she took,” she said.
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.
Any matter
She observed that with the matter touching on the creation of an employer-employee relationship, the matter squarely fell within the court’s jurisdiction.
“On locus standi, the petitioners are at liberty to lodge any matter in court where they feel there is a violation of any constitutional rights,” she ruled.
Dr Magare Benjamin and businessman Daniel Kipng’etich had moved to court, accusing the governor of violating the Constitution on fair representation in the final list of nominees to her Cabinet.
Kihika had nominated Nelson Tanui, Samuel Mwangi, Stephen Kuria, John Kihagi, Kipkoech Bor, Roselyn Mungai, Josephine Achieng, Zipporah Wambui, Stephen Iribe Njogu and Michael Karanja.
According to the duo, the list does not reflect ethnic and cultural diversity in the county contrary to sections 35 and 36 of the County Government Act, No.17 of 2012, and Articles 73 and 232 of the Constitution and hence illegal, null, and void.
They revealed that the list released contained 70 per cent with seven out of 10 being from the Kikuyu community, 20 per cent from the Kalenjin community, and 10 per cent from the Luo community, essentially leaving out the other ethnic communities who contribute heavily to the development of the county.
Yesterday, Dr Magare, James Koskey and lawyer Kemboi Sirma, while lauding the court’s judgment, said the same should be a lesson to other appointing authorities that the Constitution should be followed.
