Court terms Wambora’s arbitrary transfer of county ministers unreasonable

Embu Governor Martin Wambora (3rd right) walks out of Nyeri Law Courts on February 8, 2017. Industrial Court Judge Byram Ongaya ruled that the governor has no powers to redeploy county ministers without regard to their respective knowledge, experience and career. PHOTO | JOSEPH WANGUI | NATION MEDIA GROUP

What you need to know:

  • Court dismisses Musomi’s claims he was redeployed because he is from Kamba community.
  • Mr Musomi argued that the governor’s decision to transfer him to the Industrialisation docket was irregular.
  • He said he unsuccessfully raised his grievances with the governor during cabinet meetings.

Embu Governor Martin Wambora has suffered a blow after the Industrial Court in Nyeri ruled that he has no powers to redeploy members of the county executive committee without regard to their respective knowledge, experience and career.

Judge Byram Ongaya made the judgement while reinstating Johnson Muema Musomi to the Health Services docket after he was moved to the Investment, Industrialization, Trade and Tourism department by the governor.

Mr Musomi sued the governor and named the county government as a respondent, arguing that the governor’s decision to transfer him to the Industrialisation docket was irregular since he was hired to head Health.

He told court that his appointment in 2013 was preceded by competitive recruitment process and approval by the county assembly after taking into account his wide knowledge and experience as a medical doctor.

Mr Musomi unsuccessfully raised his grievances with the governor during cabinet meetings insisting that he had no experience in the new departments placed under him.

WARNED OF DISCIPLINARY ACTION

Governor Wambora responded that he would provide the requisite support by hiring technical staff and warned Mr Musomi that disciplinary action would be taken against him.

The governor added that the county executives’ roles were on oversight and policy formulation and can be performed in any portfolio in the county government.

“Your attitude has unfortunately been manifested in your extreme under-performance as the head of your current portfolio,” Mr Wambora told the minister.

Following the redeployment, Mr Musomi told the governor that the move was unconstitutional and went against the objectives of devolution.

COUNTY GOVERNMENTS ACT

“It failed to take into account Section 35 of the County Governments Act, 2012 which provides that a person may be appointed as a member of the county executive committee if that person has knowledge, experience and a distinguished career of not less than five years in the field relevant to the portfolio of the department to which the person is being appointed,” the court heard.

However, the court dismissed Mr Musomi’s claims that he was redeployed because of being from the Kamba community which is minority in the county.

Mr Wambora told the court that it was within law for disciplinary action to be taken against the minister due to sloppy performance at work and failure to discharge duties in accordance with the Constitution.

The governor further said he has the authority to dismiss the minister if he considered it appropriate, adding that the county official is accountable to him in the execution of his duties.

But while passing the judgment, the court found that the governor’s action was unreasonable.

“It was not proper to deploy the petitioner to portfolios that he had no knowledge [in], experience and distinguished career,” the court noted.