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Barchok seeks court's interpretation of order barring him from sacking two executives

RIFT VALLEY
By Julius Chepkwony | September 20th 2019

Governor Hillary Barchok wants the court to interpret orders barring him from replacing two county executive nominees rejected by the county assembly.

Through his lawyer, Kipkoech Ng'etich, Dr Barchok argues that the orders issued by the Employment and Labour Relations Court on August 28 were ambiguous and inconsistent with the Constitution.

The court had stayed the decision by the county assembly to reject the nomination of county executive committee members Bernard Ng'eno (Youth, Gender and Social Service) and Justus Maina (Administration ICT and Public Service).

The two also wanted the court to issue orders barring the governor from removing them from office and in any way interfering with their contract of employment.

But on Tuesday, the governor moved to court arguing that there was material non-disclosure and misinterpretation of material facts at the time of obtaining the orders by the two nominees.

He argues that when a vacancy arises in the office of the governor, members of the county executive committee appointed prior to the vacancy cease to hold office.

The court according to the governor, relied on misinformation by the two nominees and gave orders that are impossible to implement.

He adds that the appointment of county executives is a political process and that courts cannot compel the appointing authority to appoint particular individuals.

Justice Monica Mbaru certified the application as urgent. The case will be heard on September 27.

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