Blow to Nakuru Governor Susan Kihika as court stops vetting of 10 CEC nominees

The Employment and Labour Relations Court in Nakuru has stopped the vetting of 10 County Executive Committee Member (CECM) nominees.

Lady Justice H. Wasilwa made the ruling on Thursday, directing that the nominations be halted pending the hearing and determination of a petition challenging the process.

“Upon orders communicated online via email of 18th October 2022, it is hereby ordered that a conservatory order is hereby issued to the Respondents barring the receiving or if already received the list of nominees, barring the processing, vetting, or in any way proceeding, processing the nomination for the appointment and/or appointing the Interested Parties,” read the court documents.

“…herein as members of the county executive committee members of the Nakuru county government pending determination of this application inter-parties and thereafter pending the hearing and determination of this petition or such orders of the court may issue.”

The conservatory orders follow a petition filed by Dr Magare Gikenyi seeking to challenge the nominations on grounds that the list did not reflect the ethnic and cultural diversity in the county.

Gikenyi says the nominations. Made by Governor Susan Kihika, is contrary to the County Government Act Number 17 of 2012.

In the petition, Governor Kihika is listed as the first respondent while Nakuru County Government and the County Assembly are listed as the second and third respondents respectively. The County Attorney is the fourth respondent in the case.

The court has also suspended the publishing of the job openings and the already existing press release on the nominations.

“Pending the hearing, determination and final disposal of this Petition, a temporary Order of injunction is hereby issued prohibiting the Respondents and the Interested parties either by themselves, their agents and/or any other person(s) whatsoever from acting and/or giving effect to the press release dated on or around 13th October 2022 or any other document notifying of the nomination for appointment of the Interested Parties...” stated the order.

Governor Kihika on October 13 made public a list of 10 CECs nominated to serve in the Nakuru County Government over the next 5 years

The list was later forwarded to the Nakuru County Assembly for vetting and approval.