The Labour court on Wednesday blocked the vetting of Dr James Gesami for the Nyamira deputy governor position.
This is after a resident moved to court under a certificate of urgency challenging the nomination of Dr Gesami, citing lack of adherence to the Constitution during the process.
Dr Gesami’s vetting was scheduled to begin on January 15.
Mr Vincent Omao, through his advocate Herman Bunde, moved to the Labour court on January 11 opposing Gesami’s appointment, arguing that due process of the law should be followed.
Justice Maureen Onyango sitting at Milimani Law Courts in Nairobi granted interim orders of injunction stopping nomination, vetting and approval of Dr Gesami as Nyamira deputy governor.
“The respondents are hereby restrained from presenting the name of the interested party (Dr Gesami) to the Speaker of the County Assembly for vetting, pending inter parties hearing of this application,” ordered Justice Onyango.
Further, the judge said, “The application is certified as urgent and fixed for inter parties hearing in Kisumu on January 20, 2021.”
Nyamira Governor Amos Nyaribo, the local government through County Secretary James Ntabo, Speaker Moffat Teya and the assembly’s clerk are respondents in the case.
The petitioner had asked the court to stop the process of nomination of Dr Gesami.
Also, the petitioner sought to have the county assembly speaker stopped from receiving, vetting or approving Dr Gesami’s name.
Further, the applicant asked the court to grant a permanent order of injunction restraining the respondents from continuing with nomination, vetting and approval of Dr Gesami.
Mr Nyaribo appointed the former West Mugirango MP as his deputy on January 6.
He also unveiled his 10-member cabinet, maintaining some executives who served in the late John Nyagarama’s government.
Mr Nyaribo said the executives will be vetted by the Nyamira County Assembly before they are confirmed for the positions they have been nominated to serve.
Separately, the Labour court on Tuesday declined to grant interim orders to stop the vetting and approval on Nyamira executives.
Although the court sitting in Kisumu certified the matter as urgent, it said it found no sufficient grounds to issue the orders to stop the vetting and the approval as requested by the petitioner, Mr Omao.
There have been dissenting voices over the appointment of Dr Gesami and the 10-member cabinet by governor Nyaribo.
Dr Gesami belongs to the Orange Democratic Movement and was elected to represent the West Mugirango Constituency in the National Assembly of Kenya in 2007.He served for two terms.
He unsuccessfully vied the Nyamira governorship seat in 2017 as an independent candidate. This is after he lost in the ODM nominations to the late Nyagarama.
The soft-spoken politician also served as an assistant minister in the ministry of health during President Mwai Kibaki's tenure.
Clannism, betrayal, incompetence and age factor are just some of the emerging issues. Critics have been urging the County Assembly to reject the list of nominees failure to which they will seek legal redress.
Youth activists last week said there was no youth representation, no regional balance and that executives who underperformed in the late governor John Nyagarama’s administration were re-appointed.
The 1845 caucus, a group of young people from ages 18 to 45 said whereas the Governor is empowered by the law to choose whoever he wants but within the confines of the law, “it is not lost on us on his apparent failure to appoint a youth to the positions he filled today.”
Mr Nyaribo took the oath of office two weeks ago.
This is after the death of Nyagarama about four weeks ago. He succumbed to Covid-19 complications