Kiambu County Deputy Governor, James Nyoro, has been barred by the Employment and Labour relations court from appointing or reshuffling the county’s executive committee pending an inter-party hearing.
In the case the petitioner, Marion Njoroge, has faulted Nyoro’s move to reshuffle, dismiss and or to assign a section of county executives as not only ultravires but also in contravention of Section 32(4) and 32(5) of the County Governments Act.
Section 32(4) of the Act states that when a governor is in absentia, the deputy governor shall not exercise any powers of the governor, to nominate, appoint or dismiss whereas Section 32(5) of the Act states that the governor shall not delegate to the deputy governor any of the functions referred to in 32(4) as stipulated by the constitution or any other written law.
Through her lawyer, the petitioner pleaded with the court to issue a conservatory order which would restrain Mr. Nyoro from appointing, reshuffling, reassigning, dismissing or interfering with the existing executive secretaries, chief officers, enforcement officers or any other senior officers.
The 1st respondent, Kiambu Deputy Governor, through his lawyer Mr. Kibe filed a preliminary objection stating that the matter is not within the Jurisdiction of the court. He further stated that matters similar to the petition were pending before a different High Court and were coming up for hearing on the 4 October, 2019. Moreover, concerning the gazette notice in contention, a petition challenging the notice had been filed by Bernard Chege Mboro before Justice Korir and was scheduled for hearing on 24 October, 2019.
Justice Onesmus Makau granted the order sought by the petitioner and ruled that the Acting Kiambu county governor is restrained from violating the provisions of section 32(4) and 32(5) of the County Governments act pending the inter-party hearing.
He also urged the parties to file their responses before the hearing date to be decided.
The petitioner informed the court that she was one of the affected workers when the Deputy Governor unlawfully and summarily dismissed a large number of county enforcement officers from employment.
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