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Nakuru swears in CECs despite court order

The Nakuru Governor Susan Kihika has commended the County Assembly for the approval of the county executive and chief officers whom the local Employment and Labour Relations court rejected, and ordered her to re-advertise the posts and ensure that the 30 per cent tribal balance was adhered to.

Speaking during their swearing-in at the county offices, Kihika commended the Members of the County Assembly for standing firm with her choice of executive officers.

She reiterated that their support has finally enabled her to compose her government, albeit over three months late.

Dr. Magare Gikenyi a surgeon at the Nakuru Level Five hospital was the first person who sued the Governor in September, immediately after the list of ten selected Executive Officers was released by the county government.

He argued that proper procedures had not been followed, and it failed short of the 30 per cent tribal balance required by the constitution.

While the first case was ongoing, two other petitioners Stephen Odour and Kenneth Odongo filed another injunction, over what they termed as an illegal process of the appointment of the 21 chief officers, and their orders were granted.

The Governor lost her submission at the Employment and Labour Relations Court to stop the case that was challenging the nomination of the executive officers.

Rejecting the Governor’s bid to stop the petitioners, Justice David Nderitu of the Employment and Labour Relations Court ruled that the court had powers to hear disputes, petitions and constitution petitions relating to the employment process, recruitment, nominations and vetting.

The Governor, County Assembly Speaker, the Attorney General, the Public Service Board and the County Government were listed as respondents in the suit.

Among other claims, the petitioners argued that the Governor had not included persons with disability in her appointment, and the process of interviewing, recommending and nominations of the chief officers was erroneous and faulty.

Nderitu merged the two petitions and ordered for the continued hearing of the case, which the county government finally lost and were ordered to re-start the employment process of the county executive and chief officers.

However, while the case was proceeding the county assembly continued with the vetting of the nominated officers, despite a court order, hence leading to the officer’s taking an oath of office Thursday at the county offices.

By Veronica Bosibori

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