County chiefs struggle to settle in over stand-off in nominations

Nakuru Governor Susan Kihika. [Kipsang Joseph, Standard]

Kihika's situation was further complicated after another petitioner - Michael Oduor - last Friday, November 11, obtained another court order stopping the vetting of 21 chief officer nominees citing what he termed as "great prejudice and injustice exhibited during the process of interviewing, recommending, and nomination of the chief officers."

Judge David Nderitu of the Employment and Labour Relations stopped the vetting that was planned for tomorrow, Monday 14, at the county assembly.

The judge directed parties to appear in court on November 17, for further direction.

Justice Hellen Wasilwa on October 19 issued orders stopping vetting of the CECs. The orders were extended on October 31.

And even before the dust in the corridors of justice could settle, a section of civil society and minority groups, who claim they were left out, are prosecuting the matter in the court of public opinion.

Speaking at a consultative meeting, members of the minority Ogiek community led by Joseph Sang decried that they had high hopes for appointments to the county government of Nakuru.

"Our population worked against us at the ballot. We missed nomination slots to Parliament, county assembly and list of nominees to the county executive. We feel ignored," said Sang.

Meru County Governor Kawira Mwangaza. [George Kaimenyi, Standard]

Those rejected on November 1 by the appointment committee are Dr George Gikunda Mungania (Health), Kiambi Atheru (Water, Environment and Natural Resources), Esther Karimi (Trade, Tourism, Investment and Cooperative), Casty Micheni (Youth, Sports, Gender and Social Development), James Murungi (Roads, Energy) and Public Works), Japhet Ithinji (Lands) and Caroline Karea (Agriculture, Livestock and Fisheries).

The MCAs cited a lack of knowledge of administrative, as well as topical, and technical issues affecting their departments on the part of nominees.

In Kericho, a stalemate between the Executive and the county assembly has ended up in court even after Governor Erick Mutai, hurriedly swore in 10 CEC nominees.

Last week, two orders suspending the swearing-in of Kericho County Secretary and Head of Public Service and 10 County Executive Committee Members (CECs), caused confusion.

The officials include Leonard Kipkoech, CEC Finance and Economic Planning, Daniel Kipkorir of Agriculture Management, Rosemary Rop, Water and Environment, Edina Tonui, Health, Lawrence Bii, Education, Judith Chepkorir, Information Youth and Gender, Brian Langat, Lands, Eng Eric Koech, Transport, Brenda Bill, Public Service, Bernard Bii, Trade and Dr Wesley Bor, Head of Public Service.

Justice Hellen Wasilwa suspended the swearing-in of the 11 county executives on November 2, pending the hearing and determination of an application that challenged it.

This is after Benard Rono, a human rights defender, filed the application challenging the swearing-in saying the process of appointment was flawed and unlawful.

Governor Erick Mutai. [File, Standard]

Rono sued governor Dr Mutai, the county government, the assembly and the speaker as the respondents and listed the 11 executives as interested parties in the case.

"A temporary order of injunction is issued restraining Kericho county assembly speaker from swearing in 11 executives," ordered Ms Wasilwa.

She directed Rono to serve the order to all parties. The case will be heard on Wednesday.

However, even after the orders were issued, the eight executives were sworn in, save for the CEC Education, Trade and the County Secretary and Head of Public Service.

On Wednesday, the matter was placed before Justice David Nderitu of the Employment and Labour Court in Nakuru.

Rono's lawyer Ezra Kiprotich informed the judge that despite serving the order, the speaker unlawfully swore in majority of the executive members.

Kipkoech Ng'etich, an advocate of the High Court, says the main challenge facing the governors was their campaign promises.

"These governors promised people positions in their governments but after taking office, they have realised it is not possible to honour all the promises," said Ng'etich.

Some governors promised positions to individuals or by giving leaders such as MPs a freehand in some appointments in exchange for their support.

[Additional reporting by Julius Chepkwony, Daniel Chege and Nikko Tanui]