Judge declines to enjoin county officials in suit

By Lucianne Limo

The High Court has declined to enjoin the 47 county commissioners in a suit seeking to quash their appointments.

Justice David Majanja on Friday, however, directed the applicants to serve the commissioners with the suit papers through the Office of the President.

The petitioners Patrick Njuguna and Charles Omanga filed a fresh application in court seeking to stop the commissioners from continuing to stay in the office.

In their application, they also want the commissioners to stop drawing salaries or allowances or in any manner carry on with the duties.

They want the court to order the administrators to stay away until their appointment by President Kibaki declared contravention of the law.

They argue that the appointment was flawed and should not be allowed to stand. The petitioners have stated that President Kibaki failed to take into account the competitive recruitment procedures when he released the names of the 47 officers.

They also say the President failed to observe gender and regional balance and public participation, which are provided for under the Constitution.

Consultation

The two argue that by not consulting with Prime Minister Raila Odinga, the President breached the National Accord.

The activists say Kibaki’s appointments were therefore unlawful.

Justice Majanja directed them through their lawyer Anthony Oluoch to amend their petition to include all their new pleadings and serve the respondents.

Meanwhile, Kakamega High Court has reinstated two nominated councillors from Western sacked by Local Government minister Paul Otuoma.

The minister had revoked the nomination of five Orange Democratic Movement civic leaders for failing to abide by party rules.

The councillors have been reinstated pending hearing slated to take place within 21 days.

Councillors

Kakamega Resident Judge Justice Saidi Chitembwe ruled in favour of councillors Albert Wetundu of Malaba county council and Manase Omenya of Mbale Municipal council.

Saidi ordered the two councillors to return to work immediately.

Mr Wetundu, who is also the Malaba County Council chairman, said he was happy with the court’s ruling.

“The court reinstated us. On Tuesday we sought the orders from the court blocking the sacking together with my colleague Omenya,” he said.

He added, “We have also served the minister through the Western Provincial Local Government officer, Attoney General Githu Mwigai and the area clerks.”

The minister revoked the nominations of the councillors mid this month.

Otuoma maintained the dismissal of the five nominated councillors was within the law.

­— Additional report by Roselyne Obala and Grace Wekesa