alexa Voter withdraws case against Nyoro's Kiambu CECs reshuffle - Daily Nation

Voter withdraws case against Nyoro's Kiambu CECs reshuffle

Friday October 18 2019

Kiambu DG James Nyoro

Kiambu Deputy Governor James Nyoro during the launch of the construction of Githurai Market on September 28, 2019. PHOTO | KANYIRI WAHITO | NATION MEDIA GROUP 

SAM KIPLAGAT
By SAM KIPLAGAT
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A Kiambu resident who had obtained orders barring Deputy Governor James Nyoro from making changes in the Cabinet has withdrawn the petition.

Ms Marion Njeri, the petitioner, did not give reasons for her action when she faced Justice Onesmus Makau on Friday.

But she noted that the law allows her to withdraw at any stage.

ARGUMENTS

Justice Makau had barred Dr Nyoro from reshuffling any members of the county executive committee and chief officers, pending the hearing of the petition by Ms Njeri, a Kiambu voter.

Dr Nyoro had pleaded with the judge to lift the order, arguing it was hurting service delivery in the county governed by Ferdinand Waititu.

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Through lawyer Kibe Mungai, he further told the court that the order was issued before his side of the story was heard.

Dr Nyoro also noted that as acting governor, he needed a sufficient legal capacity and scope to discharge his functions to ensure smooth service delivery, efficient governance and accountable administration.

But Ms Njeri, through lawyer Nelson Masaviru, said that by reshuffling the cabinet, the deputy governor would be acting outside his mandate.

ANOTHER CASE

In his ruling, Justice Makau said he would have dismissed the case as there is a pending matter before the High Court.

The petition at the High Court challenges Section 32 (4) of the County Government Act, which denies a deputy governor the powers to nominate, appoint or dismiss any officers.

Mr Munga argued that the Employment and Labour Relations Court lacked jurisdiction to hear that matter since there are constitutional issues to be determined.

The lawyer informed the court that only a constitutional court that can interpret provisions of Article 179 (5) of the Constitution and Section 32 (4) of the County Governments Act.