Court extends orders barring assembly from vetting Kihika's cabinet nominees
Nakuru Governor Susan Kihika speaks at a past function in Nakuru City on October 11, 2022.
What you need to know:
- Nakuru surgeon Benjamin Magare Gikenyi accused Governor Kihika of discrimination in what he called skewed appointments that did not reflect the ethnic composition of the cosmopolitan county
- The court allowed two other parties to join the case as interested parties and consolidated the two cases into one
The Employment and Labour Relations Court has extended orders barring the Nakuru County Assembly from vetting nominees for Governor Susan Kihika’s cabinet.
Justice Hellen Wasilwa ruled on Monday that the orders issued on October 19 remain in force pending the hearing and determination of a case filed by Nakuru surgeon Benjamin Magare Gikenyi.
Dr Magare accused Governor Kihika of discrimination in what he called skewed appointments that did not reflect the ethnic composition of the cosmopolitan county.
He claims the list is not ethnically balanced as it favours one community at the expense of the other 43 in the county.
Justice Wasilwa, in her interim orders of October 19, suspended an October 13 notice from the governor listing the 10 individuals nominated for appointment to the County Executive Committee and sending the names to the county assembly for vetting.
"The orders earlier issued by this court have been extended to November 15 pending hearing and determination of this case," said Justice Wasilwa.
New parties
The court also allowed two other parties to join the case as interested parties and consolidated the two cases into one.
The judge allowed applications to join the case from three members of the county assembly and another resident named Daniel Kipngetich arap Bett.
Mr Bett’s petition was consolidated with that of Dr Magare. He argues that the list does not reflect the general ethnic and cultural diversity of the county.
Mr Bett laments that one ethnic community – that is, Governor Kihika's Kikuyu group – was given 80 per cent of the slots at the expense of other communities, arguing that this is unlawful and contrary to the tenets of good governance, inclusivity and accountability.
Voting patterns
In his sworn affidavit, Mr Bett, who says he is a resident of Barut ward in Nakuru West, argued that the appointments should have been made per the strength of the communities' voting patterns.
"A classic example of this ethnic marginalisation is the discrimination against the Kalenjin community who despite voting [for] her to the last man, she has adamantly elected to bequeath them with a single nominee. If this is not ethnic discrimination, then the said term shall lack definite meaning and purpose," he says in his affidavit.
Mr Bett wants the list revoked and new nominees presented subject to public participation to ensure they represent the diversity of Nakuru.
The three Nakuru MCAs – Wajeff Wilson Mwangi, Stanley Karanja and Isabela Makori – were allowed to join the case as an interested party and they oppose Dr Magare’s petition on the grounds that it was prematurely filed in the court.
They claim the list of nominees should have been subjected to vetting in the county assembly, which they argue has equal powers to those of the High court.
Mr Karanja argued the petition contravenes the principle of separation of powers and that the court is usurping the powers of the county assembly.
They want the petition referred to the assembly.
The case will be mentioned on November 15.
