County ‘didn’t approve nominees on time’

By Patrick Kibet

Nakuru, Kenya: The Nakuru County Assembly failed to approve nominees to executive committees and the public service board within the stipulated time, the High Court in Nakuru has heard.

Senior Counsel Tom Ojienda told the court names were submitted to the clerk, Joseph Malinda, on May 13 but the House approved the list on May 28, a day after the 14-day period lapsed.

He argued that names of nominees given by Governor Kinuthia Mbugua were deemed appointed after the lapse of the 14 days.

He further contested the decision by the assembly on May 28 to reject 10 nominees on various grounds he claimed were not based on law.

In its report, the assembly rejected Pollyne Awoko (ICT and E-Government), Julius Ogeto (Health), Stanley Chepkwony (Agriculture), Prof Mary Kariuki (Lands and Housing), Mary Waiganjo and Joseph Tonui (Education).

Joseph Motari was also rejected as county secretary as well as two other members of the public service board: James Mwaura and Peter Muriithi.

He noted that the assembly rejected some nominees on grounds that they were not passionate or visionary, and lacked experience in the relevant fields.

Regional balance

According to Ojienda, the assembly under the County Government Act can only reject nominees on gender representation, regional balance, community and cultural diversity.

“When the county assembly sat and rejected six out of 10 nominees submitted by the governor, the county executive committee cannot function due to lack of quorum,” Ojienda noted.

Lawyer Lawrence Karanja representing Christopher Ondieki and Law Society of Kenya Rift Valley branch, however, argued that the rejection by the county assembly was lawful.

Karanja told the court the report by the House was approved within the 14-day period after the written notification was received on May 15.