The Employment and Labour Relations Court in Nakuru has summoned Governor Susan Kihika for sentencing for disobeying a court order.
The governor risks a six-month civil jail term or Sh200,000 penalty for declining to follow orders issued by the court in the appointment of 10 County Executive Committee Members (CECMs)
Lady Justice Hellen Wasilwa who had ordered the Kihika to conduct a fresh recruitment of CECMs 10 following a petition by a Nakuru Surgeon, Benjamin Gikenyi today asked the governor to appear in person before April 18 for sentencing.
Gikenyi had petitioned the appointment of the 10 CECMs saying that it was unconstitutional and did not reflect the ethnic and cultural diversity of the cosmopolitan county because it had seven appointees from one ethnic community, two from another and one from a third community.
The CECMs are Nelson Tanui (Water and Environment), Samuel Mwangi (Health), Stephen Muiruri (Trade, Culture, and Tourism), John Karanja (Land and Physical Planning), Leonard Kipkoech (Agriculture), Roselyn Wanjiru (Public Service Management), Josephine Atieno (Sports, Gender Culture and Social Services), Zipporah Wambui (Education, Youth, and ICT), Stephen Njogu (Finance and Economic Planning) and Michael Kamau (Infrastructure).
Wasilwa decided the case in favour of the petitioner and issued an order of mandamus compelling the Governor to initiate a proper legal process of filling the positions of the County Executive Members as contemplated in the constitution.
However, Gikenyi moved back to court after the CECMs were sworn in accusing the Governor of contempt of court by skewing the old list and re-introducing it for vetting.
The petitioner claimed that swearing-in was hurriedly conducted in a deliberate move by the County to ensure that the process would be over by the time he moved back to court.
Today, the judge said Kihika did not follow the correct procedure as directed by the court because she only dropped one name from the disputed list and submitted it for vetting at the Nakuru County Assembly.
“The new list which was sent to the County Assembly three days after the initial court orders is the same as the one I quashed save for one name,” said Wasilwa.
