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Nakuru Governor Susan Kihika breathed a sigh of relief yesterday after the Employment and Labour Relations Court temporarily stopped the hearing of a petition challenging her appointment of County Chief Officers (COs).

Justice David Nderitu halted proceedings on Kenneth Odongo’s petition after it was brought to the court’s attention that Kihika had moved to the Court of Appeal on the jurisdiction by the labour court to hear the matter.

Kihika, and County Assembly Speaker Joel Karuri have appealed against Nderitu’s November 29, ruling that pronounced that the labour court had jurisdiction to hear the petition with Kihika’s lawyers informing the court that the appeal was slated for hearing on December 19.

With this development, Judge Nderitu observed that proceeding with the hearing of the petition would be in futility if the appellate court overturns his findings saying it was wise to stay the hearing up until a pronouncement is made.

“This court has to wait for the decision of the superior court and I hereby stay the proceedings of this case, however, in the meantime, all parties in the case are to still file their submissions by December 21,” said Nderitu.

He, at the same time extended the interim orders that stopped vetting of the 21 nominees by the county assembly until December 21.

Meanwhile, Kihika won big after one of the petitioners Stephen Oduor withdrew his petition. 

Oduor’s lawyer Allan Kibet said that he had been instructed to withdraw the petition and produced a consent dated December 8, signed by lawyers of all the parties.

He urged the judge to adopt the consent as court orders but gave no reason for the withdrawal, “My client just decided to withdraw his petition,” he said.

The court allowed the case to be withdrawn and ruled that all parties should bear their own costs.

In the appeal, the governor, speaker and the assembly claim Odongo did not exhaust all avenues for his petition and moved to court prematurely.

They said he had opportunities to petition before the assembly and the Public Service Commission (PSC).

They want the appellate court to set aside Nderitu’s ruling on jurisdiction and declare his orders stopping the vetting null and void.

Odongo sued Kihika, the Assembly, the Speaker, Clerk, Attorney General, Public Service Board (PSB) and the county government as respondents. 

He wants the nominations quashed. He claims the PSB that advertised, shortlisted and interviewed the applicants was not legally constituted.

He claims the government did not consider persons with disabilities in its appointment.

“The process of interviewing, recommending, and nominating the COs was flawed,” he submits.

He accuses the county government of illegally re-designating some of the CO’s to positions they did not apply for, and were never interviewed.

He adds that those qualified for specific posts had no fair competition with the ones re-designated.

The case will be mentioned on December 21 for directions.