Row between governor Nyagarama and his deputy shifts to court

Governor John Nyagarama with his deputy Amos Nyaribo at Kebirigo High School after they were declared winners in the election last year. [File, Standard]

The Nyamira governor has been sued by his deputy for allegedly trying to violate a pre-election pact.

Deputy Governor Amos Nyaribo yesterday asked High Court judge Esther Maina to issue conservatory orders to restrain Governor John Nyagarama or his servants and agents from appointing or maintaining the appointment of the county secretary, Eric Onchana.

Through his lawyer, Julius Anyoka, Nyaribo told the court that Mr Nyagarama was intending to confirm Mr Onchana’s appointment through the county assembly and that this would jeopardise the agreement.

In an affidavit, Mr Anyoka claimed that Nyagarama had been told to ask the Institute of Chartered Arbitrators of Kenya to appoint arbitrators, but he had yet to comply.

“Should the order not be issued and the appointment of the county secretary be continued, the respondents may disturb the status of the coalition agreement, thus making it difficult for any or subsequent settlement or agreements that may be undertaken and irreparable harm will arise,” reads the affidavit.

The deputy governor wants the office to remain vacant until the arbitration process is completed.

Nyagarama has filed a preliminary objection, saying the suit was fatally defective and an abuse of the court process as it offended the principles of negotiation and alternative dispute resolution.

The judge directed both parties to file responses within 14 days. “The objection will be heard by way of written submissions and the same be filed and served within 14 days,” the court ruled.

The suit will be heard on October 4.