Nyoro barred from making changes in county Executive

Kiambu Deputy Governor James Nyoro was yesterday barred from appointing, reshuffling or interfering with the composition of the county government’s Executive committee.

In his ruling, Employment and Labour Relations Court judge Onesmus Makau ordered Nyoro not to violate provisions of Section 32 of the County Government Act pending an inter partes hearing of a case filed by a Kiambu resident.

“A conservatory order is hereby issued restraining Nyoro from appointing, reshuffling, re-assigning, dismissing or in any way interfering with the existing line up of Kiambu County Government Executive Secretaries, chief officers, enforcement officers and or any other senior officers,” said Justice Makau.   

Makau directed Nyoro and the county government to file their responses in the matter before October 2.

The orders were issued following a petition by Marion Njeri Njoroge against Nyoro, claiming he is acting in violation of his powers.

“The first respondent (Nyoro) is basically acting in clear violation of his powers and the abuse amounts to an abuse of his office as the deputy governor,” reads the petition. 

Nyoro, through lawyer Kibe Mungai, had urged the court not to issue the conservatory orders until next Monday to enable them file their response in the matter.

He said they intend to contest if the Labour court has juridiction to hear the matter, adding that there are other three matters filed at the High Court and the Court of Appeal raising similar issues.  

Grant orders

But Njeri, through her lawyer, asked the court to grant the orders since “what is happening in the county is quite disturbing as the casual workers are crying”.

The petitioner claimed Nyoro has in the past few weeks been violating Article 179 (5) of the Constitution by exercising powers only limited to the governor.

“The Deputy governor in his acting capacity has made numerous irregular appointments, Cabinet reshuffles, has hired and dismissed county Executive members without any legal basis contrary to provisions of Article 179 (5) of the Constitution as read with section 32(4)of the County Government Act 2012,”   say the court documents. 

Nyoro recently made changes in the county Cabinet, including appointing David Njuguna Burugu  as Chief of Staff, reshuffling and reassigning  Finance Executive Francis Kigo Njenga to the Trade docket and dismissing enforcement officers and casual workers in the county government.

Njeri argues that Nyoro, not being the appointing authority, has no authority to dismiss or re-assign officers appointed by the Governor with requisite vetting and approval of the County Assembly. 

Nyoro took over office after Governor Ferdinand Waititu was barred from accessing his office following allegations of misappropriating county funds amounting to Sh588 million.