Court suspends vetting of Kisumu Governor Anyan'g Nyongo's 7 cabinet nominees
Court suspends vetting of Kisumu Governor Anyan'g Nyongo's 7 cabinet nominees
The Employment and Labour Relations Court in Kisumu has suspended the vetting of seven County Executive Committee members nominated by Governor Anyang’ Nyong’o, pending the hearing and determination of a petition filed by a voter.
The ruling was issued on Monday by Lady Justice Christine Baari after a virtual hearing of the application in which Mr Evans Otieno Oloo is seeking to quash the nomination of the seven nominees.
He has listed Governor Nyong'o, Kisumu County government and the County Assembly as the first, second and third respondents.
“Pending hearing of the application, an order is hereby issued staying the effect of the notice dated 7/10/2022 issued by the first and second respondents, their agents, proxies or anybody acting on their behalf, from continuing with the process of vetting and appointing of the nominees,” said Justice Baari.
The governor had on October 7, nominated the seven to his cabinet pending approval of the county assembly.
The cabinet nominees are Dr Greg Ganda (Medical Services, Public Health and Sanitation), Mr George Omondi Okong’o (Finance Economic Planning and ICT and E-Governance Services), Mr Kennedy Hongo (Lands Physical Planning Housing and Urban Development, and Mr Salmon Orimba (Infrastructure, Energy and Public Works).
Others are Mr John Awiti (Department of Education, Technical Training Innovation and Social Services), Mr Ken Onyango (Agriculture, Fisheries, Livestock Development and Irrigation) and Farida Salim (Trade, Tourism, Industry and Marketing).
Good governance
Mr Orimba was nominated in an acting capacity in the Water, Environment, Natural Resources and Climate Change department, Mr Okong’o in Public Service, while Mr Awiti will double up as Sports CEC.
The Kisumu claimed that the nomination of the seven had contravened the principle of the rule of law and good governance.
Through his lawyer Mr Clifford Obiero wants the County Assembly of Kisumu prohibited from vetting and or approving the appointment of the seven nominees pending hearing and determination of the case.
Mr Oloo claims that the appointments did not meet the gender threshold requirement. He believes that should the process be allowed to continue, public funds are likely to be spent in an ‘illegal’ process that may attract further litigations.
Gender equity
In the petition, Mr Oloo has laid down six grounds in which he wants the nomination quashed among them the gender equity principle. He says the nomination discriminates against women and marginalised groups.
The petitioner also cited as illegal a move by the governor to only name seven out of 10 CECs thereby allowing three nominees to act. According to Mr Oloo, the nomination of CEC members shall be concluded within 21 days of the county assembly’s first sitting.
“It is clear that the respondents do not intend to conclude the appointment of the three positions held in acting capacity either. The bizarre motive is to create a conundrum in law thus finding a way of circumventing the Constitution and relevant provisions of the law,” he said.
He argues that the nomination of the seven was unprocedural and illegal since it was executed by strangers. He argues that the notice ought to be executed by the office of the governor and in his absence, the deputy governor in due compliance with Article 182(4) of the Constitution of Kenya.
An inter-party hearing of the application will be on November 1, 2022.
