Nominee seeks to bar Governor Kahiga from filling post

A Nyeri County government nominee for the Youth and Gender docket has sued Governor Mutahi Kahiga for failing to allow her take oath of office.

Ms Sheila Githaiga, who was appointed by the late Governor Wahome Gakuru, wants Mr Kahiga stopped from filling up the position. 

She urged Justice Abigail Mshila to bar the governor from swearing in, or considering another person other than her as she had been appointed earlier and vetted for the docket.

The judge certified the case as urgent and directed Ms Githaiga to file a substantive motion within 21 days and serve the same to Mr Kahiga and county secretary, who are named as first and second respondents.

She indicated that she was aware the governor was in the process of nominating a chief officer to serve in the docket.

ADVERTISED POSITION

“The applicant has been granted leave to bring an application for orders of prohibition directed at respondents to stop, refrain from selecting, nominating, recruiting or appointing any other person other than the applicant,” the orders stated.

Ms Githaiga, who moved to court after the county government advertised for the position, indicated that she was aware the governor was in the process of nominating a chief officer to serve in the docket.

“I'm apprehensive the respondents will present to the assembly new nominee to the position of CEC Gender, Sports and Social Services, thus permanently rocking me out despite my proper and valid appointment,” the applicant explained in her application.

SWEAR-IN

She said that Mr Kahiga's refusal to swear her in was an abdication of public duty, considering that other executive committee members were sworn in and were already discharging their duties.

“Numerous visits to the governor’s office have not yielded anything. I'm yet to receive any explanation on why I have not been sworn in,” Ms Githaiga noted.

She said that despite being vetted and approved by the county assembly committee on appointments, she was neither sworn in nor given an appointment letter by the late governor Mr Wahome Gakuru.

PUBLIC OUTCRY

She told the court that upon making an enquiry, she was informed that there was a public outcry by the youth regarding the allocation of a youth portfolio to a person not in the youth age bracket.

“I'm aware the youth portfolio has been transferred to the Public Administration docket and the same argument cannot be used as an excuse for my exclusion from the job,” Ms Githaiga said.

The case will be mentioned on May 9, 2018.