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The court has stopped reviewing the county minister appointed by Nakuru Governor Susan Kihika.
The decision by the Employment and Labor Relations Court follows a petition by a local doctor who accused the governor of violating the law when drawing up the list of candidates announced Oct. 13.
Dr. Benjamin Magare, a Nakuru-based trauma consultant and general surgeon, said the list of members of the county executive committee (CEC) is against the county government law and Kenya’s constitution because of the county’s ethnic and cultural diversity. said it did not reflect
And on Wednesday, October 19, 2022, Judge Helen Wasilwa suspended the review of the 10 candidates until the case was heard and decided.
Kihika is supported by Dr. Nelson Tanui (Water and Environment), Dr. Samuel Mwangi (Health), Stephen Muiruri (Trade, Culture and Tourism), John Karanja (Land and Physical Planning), Leonard Kipkoech (Agriculture), Roselyn Wanjiru (Public Services Management). ) was nominated. ), Josephine Atieno (Sports, Gender Culture, Social Services), Zipporah Wambui (Education, Youth, ICT), Stephen Njogu (Financial and Economic Planning), and Michael Kamau (Infrastructure), those who help carry out her manifesto is.
Magare’s petition states that Kihika and the county recruited for the position on September 30. On October 13, he said Kihika announced that he had received his 478 applicants, of which he had selected 10 to propose.
But doctors said the list did not reflect the ethnic and cultural diversity within the county.
One of his claims is that the list has 7 candidates from one community, 2 from another community, and only 1 from a third, excluding 40 other communities. That’s what it means.
Magare calls the exercise biased, with two communities making up 90% of the posts. “This is unconstitutional ethnic marginalization and unfair labor practices,” he said.
Complainants said the nomination process was not fair, open, competitive, merit-based, or inclusive. Nor was it based on integrity, competence, or suitability. The exercise also failed to consider the legally mandated ethnic balance, the petition further said.
He claimed that Kihika’s actions led to a loss of public confidence in her administration. .
“Courts should uphold constitutionalism, the rule of law, law and order, good governance, non-discrimination, and constitutional protections,” the petitioner added.
Justice Wasilwa said:
She also barred county officials from proceeding with the appointment process until the petition is decided.
“While the petition is pending hearing and determination, a maintenance order will be issued prohibiting the review and processing of nominations for appointment as a CEC or appointment of a candidate,” she ruled.
She directed the order to be served on the governor, county governments, county legislatures, and designees pending an interpartes hearing scheduled for October 31.
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