Court restrains governor from sacking county officials

What you need to know:

  • Justice Stephen Radido issued the orders which can now serve as a reprieve to Governor Mbugua, who has for the one week been under pressure from a section of local leaders and residents to implement the report adopted by MCAs a fortnight ago.
  • The County Assembly on June 29, adopted a report by a special House committee which was appointed to look into the alleged illegal hiring of county staff. The committee recommended the immediate sacking of county secretary Joseph Motari and Public Service Management Chief Officer Mr Philip Sigei.

The High Court in Nakuru has restrained Governor Kinuthia Mbugua from implementing a County Assembly report recommending the sacking of two senior county government officials.

Justice Stephen Radido issued the orders which can now serve as a reprieve to Governor Mbugua, who has for the one week been under pressure from a section of local leaders and residents to implement the report adopted by MCAs a fortnight ago.

The County Assembly on June 29, adopted a report by a special House committee which was appointed to look into the alleged illegal hiring of county staff. The committee recommended the immediate sacking of county secretary Joseph Motari and Public Service Management Chief Officer Mr Philip Sigei.

“The court hereby restrains the County Government of Nakuru from implementing the report until the case is heard and determined,” ruled Justice Radido.

Mr Shadrack Kosgey, a Nakuru based businessman through his lawyer Mr Wilfred Konosi moved to court and sued the County Assembly claiming that it irregularly extended its sittings on June 29 when the report recommending the sacking of the duo was tabled in the House and adopted.

He argued that the Assembly passed the report and adopted it the same day without publishing it on its website or distributing it to members as required by the mandatory provisions of the standing orders.

According to the petitioner, the Assembly adhoc committee erred when it concluded its hearings without summoning Governor Kinuthia Mbugua whom he claimed, was adversely mentioned during the investigations.

Mr Kosgey, in the suit stated that the Assembly usurped the mandate of the County Public Service Board and that full implementation of the report will be unlawful.

The petitioner further averred that implementation of the report will cause the two officials irreparable harm.

Also sued in the case is the Nakuru Public Service Board.

He sought orders declaring the report illegal and reversing the process of sacking the officials.

The orders are also a reprieve to over 200 employees whom the Assembly report had recommended that they be sacked forthwith as part of the clean up of the County payroll.