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The Employment and Labour Relations court yesterday  temporarily stopped Nairobi Governor Anne Kananu from reorganising her government.

Justice Ocharo Kebira gave the temporary orders on July 14 following a case filed by Chief Finance Officer Mohamed Sahal. 

He has set July 28 for inter partes hearing.

“Pending the hearing and determination of this application, a temporary injunction is hereby issued against the governor restraining her from allowing, to come into force, operation, implementation and or the application of the reorganization the Nairobi County Government vide the executive order intended to take effect from the July 5,” the orders read.

Through lawyer Brian Odongo, Sahal moved to court on July 5 aggrieved by Kananu’s move to move him with just a month to go before the August 9 General Election.

Sahal told the court operations of the county are likely to grind to a halt as the move is illegal.

The applicant argues Kananu violated the law by designating an assistant director Joseph Gathiaka as Chief Finance Officer yet only a person holding the position of Chief Officer in the county can hold such position.

“The purported Executive Order issuing the redeployment is made in violation of Section 69 of the County Government Act, 2012 which provides for the criteria that must be followed in the redesignation of officers,” Sahal adds.

To serve respondents

Justice Kebira Ocharo directed the applicant to serve the respondent within three days while the respondents were given seven days to respond.

Sahal has listed Kananu as first respondent, alongside Nairobi County Public Service Board, County Government of Nairobi, County Assembly and the County Assembly Clerk.

He further argues he had already been picked to the assumption of office team for the county governor and any changes at this stage will interfere with smooth transition.

“The potential loss of public finances as well as disruption of the process over the assumption of the office of County Governor are compelling reasons for this court to intervene and restore the status quo ante the impugned appointments.”

On July 5, Kananu, who was sworn in on November 16, 2021, as substantive governor of Nairobi County Government named Joseph Gathiaka as the new Nairobi County acting Chief Finance Officer in place of Sahal

Deputy Director for Disaster Management Brian Kisali has been appointed as the Chief Officer for Disaster Management while Elizabeth Njau, who is Deputy Director for Trade, was named as acting Chief Officer for Trade Department.

But the changes have been faulted in court papers as being irregular since Chief Officers are first vetted by the County Assembly upon nomination before being formally appointed to hold such position even in acting capacity.