A Kiambu voter has challenged the decision by Deputy Governor James Nyoro to reshuffle the county executive.
In a petition, Bernard Chege Mburu, argued that the decision on September 6, 2019 by Nyoro purporting to swap county executive committee members in charge of Finance and and that of Trade was illegal.
Mr Mburu wants the court to quash the said reshuffle arguing that Mr Nyoro does not have such powers.
NOT ACTING GOVERNOR
He 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 the governor in his or her absence.
He said section 30(4) and (5) of the County Governments Act, in word and spirit, prohibits the deputy governor from re-organising or disturbing the structure of the county government.
The petitioner further added that on August 20, the Kiambu County attorney gave an advisory stating that Mr Nyoro did not have powers to reshuffle county executive committee members.
Other than being unlawful, he said the decision is a recipe for chaos in the county because it does not have the blessings of suspended Governor Ferdinand Waititu, who is likely to revise it immediately or in future.
Mr Mburu argued that the deputy governor is not the appointing authority so he has no power to dismiss or reshuffle ministers appointed by Mr Waititu and that any such decision requires the approval of the county assembly.
“The illegal acts of the DG will create a stalemate that will gravely affect service delivery to the people of Kiambu especially as one of the dockets affected is Finance,” he added.
He added that the law is very clear when a deputy governor assumes the office of the governor, a situation he said has not arisen.
He has named Mr Nyoro and the Attorney-General as respondents while Mr Waititu and CECs Francis Kigo Njenga and Wilson Kang’ethe as interested parties.
“Reshuffling is both unlawful as well as a smack to the principles of good governance as no process has been undertaken to ascertain if the affected CECs are fit, competent and have capacity to execute the new mandates,” he added.