Cherargei, Sang clash over court ruling on CECs

Nandi Senator Samson Cherargei addressing the media at KICC, in Nairobi on October 2, 2023. [Boniface Okendo, Standard]

The war of words has intensified between Nandi Senator Samson Cherargei and Nandi Governor Stephen Sang after the former supported a court ruling declaring the county executive is illegally constituted.

The Employment and Labour Relations Court in Eldoret ruled that Sang violated articles 1,2,3,10,19,20,21,22,27,73,174,179,185 and 196 of the Constitution and also the County Governments Act and other laws when putting together his executive.

The senator, who addressed journalists at parliament, said the ruling was a big win for the people of Nandi adding the governor’s strongman tactics have come to an end since he had allegedly arm-twisted, intimidated and blackmailed the county assembly not to vet County Executive Committee members.

“The Public Appointments Act of no.5 of 2007 is clear on the approval of county appointments by the county assembly and this did not happen in Nandi because Governor Sang arm-twisted, intimidated and blackmailed the county assembly from vetting County Executive Committee members,” said Cherargei.

Sang said he would move to the Court of Appeal to challenge the ruling since he respectfully disagreed with the decision of the Labour Court in Eldoret that the positions of CECM should be advertised again arguing that the decision is not anchored on any known legal provisions.

Nandi Governor Stephen Sang when he appeared before the committee on County Public Investments and Special Funds in Nairobi on April 20, 2023. [Elvis Ogina, Standard]

He argued that he had on October 12 last year before commencement of the petition submitted an initial list of eight nominees for consideration for appointment as CECs, with six being male and two female.

“Out of the eight nominees five of them served in my first term in office, these individuals have been vetted and approved for appointment, the other three being new nominees underwent vetting and their appointment approved by the Nandi county assembly on November 14, 2022,” said Sang.

The governor explained that he proceeded to consult and identified a nominee who enabled the county to meet the two-thirds gender rule, community and cultural diversity as required by the law.

Sang said that he appointed Rose Angira as the ninth CEC on February 9 and submitted her name to the assembly for vetting and approval on March 2 and she assumed office on March 20.

“The court made a ruling based on the initial list of eight County Executive Committee Members whereas the ninth Executive Committee Member had been appointed to office and is already discharging her duties, therefore the executive as currently constituted satisfies the criterion for gender representation, community and cultural diversity,” he said.

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