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Kiambu Deputy Governor James Nyoro at Under The Radar Restaurant in Nairobi. [Wilberforce Okwiri]

Nyoro said there are constitutional issues that need to be determined before the matter proceeds.

Kiambu Deputy Governor James Nyoro has filed an application seeking to set aside orders that bar him from appointing, reshuffling or interfering with the composition of the county cabinet.

In an application filed before Justice Onesmus Makau yesterday, Nyoro wants the court to set aside the orders pending the hearing and determination of two petitions before the Constitutional and Human Rights Division of the High Court.

Through lawyer Kibe Mungai, Nyoro said there is need to avoid two courts of equal jurisdiction making conflicting decisions.

Nyoro said there are constitutional issues that need to be determined before the matter proceeds.

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“I believe as the acting governor of Kiambu County that I require sufficient legal capacity and scope to discharge my functions to ensure smooth service delivery, efficient governance and accountable administration.”

County officers

Nyoro added that he is convinced that this would not be possible if, on the basis of a contested interpretation of law, the courts decide to issue orders to hamstring the discharge of those functions.

He said the conservatory orders issued on September 25 this year should be set aside to ensure objective and fair inter partes hearing.

Mariona Njeri, a voter, said the petition she had filed before the court shows the illegality of the person purporting to act as deputy governor of Kiambu.

Through lawyer Nelson Masaviru, Ms Njeri objected to the application by Nyoro to set aside the orders.

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“Nyoro has violated the county government rules and regulations by nominating, appointing and dismissing county officers as those functions are meant for the governor,” said Njeri’s lawyer.

He submitted that Njeri is properly before the court, and the court has the jurisdiction to interpret relevant sections of the Constitution.

Njeri had filed an application to stop Nyoro from acting against his mandate, and orders were issued.

The ruling on jurisdiction and on whether the orders will be set aside or not will be made next Friday.

Kiambu Deputy Governor James Nyoro High Court

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