Blow to Kihika on vetting of nominees

The Employment and Labour Relations Court has extended orders stopping the vetting of county chief officer nominees for two days after Governor Susan Kihika (right) lodged a preliminary objection to the case.

Governor Kihika, through lawyer Munene Muiyuro, is challenging the court’s jurisdiction to hear and determine the petition.

Justice David Nderitu, while extending the orders yesterday, confirmed that all parties had filed their submissions to the application by the governor and set November 24 for ruling on whether the court has jurisdiction to hear the case.

Stephen Oduor and Kenneth Odongo had moved to court seeking to stop the vetting and approval of nominees on grounds that the process of interviewing, recommending, and nominating them was flawed.

The two sued Kihika, county assembly Speaker Joel Karuri, the county assembly and the clerk, the county attorney, Nakuru County Public Service Board (PSB) and county government.

They accused the governor, PSB, Speaker and Assembly of re-designating some chief officers to positions they did not apply for, and were never interviewed for, adding that those who may have qualified for those posts did not get fair competition.

In suit papers, Speaker Joel Karuri, through lawyer Lawrence Karanja — in supporting Kihika’s objection — said the two petitioners had not exhausted all legal avenues before moving to court. He said the petition should have been filed in the County Assembly, High Court or the Public Service Commission, adding that the only time the petitioners should have come to court was if the Assembly failed to comply with the Constitution.