By Nikko Tanui
Kericho, Kenya: The supremacy battles between Kericho Governor Paul Chepkwony and Members of the Kericho County Assembly (MCAs) have now moved to Kericho High Court.
In the constitutional petition filed under a certificate of urgency, Chepkwony accuses the Assembly’s Speaker Japheth Mutai and the County Assembly of allegedly passing Motions contravening article 179 and 185 (3) of the Constitution.
“The respondents have introduced into the County Assembly, debated and passed a Motion urging the Kericho County Public Service Board to stop the recruitment of ward administrators vide a Motion dated February 20. They want the board to first furnish the assembly with the criteria used in the short listing of candidates for the position of ward administrators,” reads part of the petition.
Needy students
Through his counsel Peter Wanyama, the governor also accuses the Assembly of debating and passing a second Motion dated March 12 to stop the department of Early Childhood Education and Vocational Training from implementing a bursary scheme for needy students in the county.
Chepkwony also states that the Assembly debated and passed a third Motion dated March 5 seeking to have the Assembly vote on the distribution of ECDE teachers among the 30 wards.
High Court judge Justice Isaac Lenaola last week ordered governors to stop the recruitment of Early Childhood Development Education (ECDE) teachers
Kenya National Union of Teachers had challenged the recruitment of teachers, arguing the hiring should be done by the Teachers Service Commission.
In his petition, Chepkwony argues the Motions passed by the local assembly may paralyse operations at the county.
“The Motions contravene article 179(1) of the Constitution, which provides that the executive authority is vested in, and exercised by, a county executive committee. Article 185(3) of the Constitution also provides that the County Assembly must respect the principles of separation of powers when exercising oversight powers,” Chepkwony states in his sworn affidavit.
Nakuru High Court Judge Lady Justice Hellen Omondi certified the petition as urgent and directed that the application be served on the respondents for interparties hearing before Kericho High Court Resident Judge Justice Joseph Sergon today.
Meanwhile needy but bright students from Kericho County have a reason to smile after MCAs passed the eagerly awaited bursaries Bill.
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