Labour court stops Nyoro from moving Kiambu County CECs

What you need to know:

  • The order was issued by Justice Onesmus Makau in a case filed by Ms Marion Njoroge, a resident of Kiambu.
  • She wants the court to quash the purported reshuffle, arguing that Mr Nyoro does not have such powers.
  • Ms Njoroge added that Mr Nyoro is not the appointing authority so has no powers to dismiss or reshuffle members.

Not too fast, the Labour court has told Mr James Nyoro in his bid to assume the governor’s role in Kiambu County.

The court on Wednesday barred Mr Nyoro, the deputy governor, from interfering with the composition of the county executive committee members.

The order was issued by Justice Onesmus Makau in a case filed by Ms Marion Njoroge, a resident of Kiambu.

Judge Makau directed parties, including Mr Nyoro, to file their responses ahead of the hearing on October 2.

GAZETTE NOTICE

Ms Njoroge said the Kiambu deputy governor published in the Kenya Gazette a notice purporting to reshuffle the county executive committee members, swapping CECs in charge of Finance with that of Trade.

She wants the court to quash the purported reshuffle, arguing that Mr Nyoro does not have such powers.

Another petition, filed by Mr Bernard Chege, is pending in the High Court.

NOT GOVERNOR

In his petition, Mr Chege argues that Mr Nyoro has not been appointed as acting Kiambu governor under the law and Article 179(5) of the Constitution, which allows a deputy governor to exercise the powers of a governor in his or her absence.

He argued that section 30(4) and (5) of the County Governments Act, in word and spirit, prohibits the deputy county boss from re-organising the structure of the county government.

And in her petition, Ms Njoroge said Dr Nyoro is purporting to exercise powers that he does not have in law and that the unlawful acts are a recipe for chaos.

She added that Mr Nyoro is not the appointing authority so has no powers to dismiss or reshuffle members.