Governor Kihika's list of nominees quashed

Susan Kihika

Nakuru Governor Susan Kihika in a past event.

Photo credit: File | Nation Media Group

Nakuru Governor Susan Kihika will have to go back to the drawing board after a court disallowed her nominees to the cabinet. 

The Employment and Labour Relations Court in Nakuru on Monday quashed the list, saying Governor Kihika’s October 10 notice announcing the nomination of the 10 individuals for the County Executive Committee (CEC) was illegal.

Justice Helen Wasilwa ruled that the recruitment process did not follow the law. 

She ordered Governor Kihika to initiate a proper legal process to fill the positions as contemplated in the law. 

Justice Wasilwa said the process “was skewed and does not reflect the ethnic diversity of the county and should not be allowed to proceed." 

The ruling followed a petition filed by Nakuru surgeon Benjamin Magare Gikenyi challenging the nominations to the CEC. He argued that the nominees did not represent the county’s diverse population.

Dr Magare accused Governor Kihika of making skewed nominations to favour only two communities and discriminating against others that he said are also residents and taxpayers who contribute to the economy of the county.

Dr Magare argued that the list ignored regional and ethnic representation as 70 percent of the nominees come from her kikuyu ethnic community, 20 percent from the Kalenjin and 10 percent from the Luo community.

He listed Ms Kihika, the county government and the county assembly as respondents, while the 10 nominees are cited as interested parties. 

The petition was consolidated with another by a resident called Daniel Kipngetich arap Bet

Mr Bett argued in his petition that the list does not reflect the general ethnic and cultural diversity of the county.

He claimed that one ethnic group – Governor Kihika’s Kikuyu community – was given 80 percent of the slots at the expense of the others, saying this is unlawful and contrary to the tenets of good governance, inclusivity and accountability.

Justice Wasilwa prohibited the Nakuru County Assembly from vetting the names of the nominees.

Mr Bet expressed satisfaction with the court ruling, saying justice had been served. 

He urged the governor to consider the communities’ support in the selection of new CEC members.