Court bars Tharaka-Nithi governor from appointing new county secretary
Tharaka Nithi County Secretary Dr Fredrick Kamunde at the Nyeri Law Courts after winning a case against Governor Samuel Ragwa PHOTO | FAITH NYAMAI | NATION MEDIA GROUP.
The Employment and Labour Relations Court in Nyeri on Friday issued a permanent injunction stopping Tharaka-Nithi Governor Samuel Ragwa from appointing a new county secretary.
Justice Byram Ongaya restrained the governor and the county government from advertising, nominating or filling in the position for as long as the current county secretary Dr Fredrick Kamunde is holding the office.
Justice Ongaya said the governor acted in clear breach of Dr Kamunde’s contract of service under which he was appointed.
The judge said the governor did not have powers to reshuffle the county secretary as the powers are shared between him and the county executive committee.
“The governor did not have power or authority to reassign the petitioner out of the office or deploy him out of the office of the county secretary,” said Justice Ongaya.
2015 RESHUFFLE
Dr Kamunde moved to court in May 12, 2015 and sued governor Ragwa and the county government for removing him as a county secretary during a reshuffle made on April 25, 2015.
During the reshuffle, Dr Kamunde was reshuffled to become the director of education in charge of ECDE and vocational training. His position was given to another county official.
Through his lawyer Gibson Kamau Kuria, he said the governor lacks powers to reshuffle him from being the county secretary and sought reinstatement.
Governor Ragwa argued that he is entitled to perform functions and exercise powers as the head of the county.
He also argued that Dr Kamunde, while holding the office, performed duties in a manner that is an affront to national values and good governance.
He also alleged that Dr Kamunde was absent from duty without permission.
Further, he told the court that Dr Kamunde had refused to account for monies and that he took away a motor vehicle meant for another department for 30 days, preventing the relevant officers from performing their duties.
The judge, however said the secretary was competitively appointed as the interim county secretary in interviews conducted by the Transition Authority.
