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The vetting of Nairobi County Executive Committee members (CECs) will now go on after the Employment and Labour Relations Court dismissed a suit challenging the 10 nominees.

Justice Anna Mwaure dismissed the suit filed by the Association of Muslim Lawyers and the Nubian Rights Forum saying it was filed prematurely.

The two lobby groups had moved to court challenging Nairobi Governor Johnson Sakaja’s nominees arguing that they were discriminated upon in the list as no individual the Islamic group was shortlisted.

Justice Mwaure had issued orders stopping the process pending the hearing and determination of the suit.

The Judge however yesterday dismissed the suit claiming there was no evidence adduced that any members of those communities made application for the various positions and were not considered on the basis of religion.

“The claim for discrimination is generalized and in absence of any evidence to prove this, the court would be reluctant to assume such is the position,” ruled the Judge.

The Judge further noted that there are clear procedures of appointing the CECs and secretary and therefore allowed the process to continue to its logical conclusion.

“The court holds that the doctrine of separation of powers is crucial for good governance in any nation…This application is filed just at the beginning of the process and the vetting process by the county assembly,” noted the Judge.

The governor through lawyer Duncan Okatch had opposed the suit claiming the petitioners’ sole agenda was to use the petition to create a rift between religions in the County or even to create an imaginary rift between him and Nairobi Muslims which is a very dangerous trajectory.

He claimed he has discretion and liberty to nominate and appoint anyone as a County Executive Committee Member as long as the person has met the qualifications required for the position and fulfilled the requirements as stipulated under Chapter Six of the Constitution of Kenya, 2010.