A court row has erupted over the appointment of a chairman and members of a
new board to run the affairs of Eldoret City.
A resident of the city, Moses Kiptum Kibor, has
moved to court seeking orders to cancel the appointments, arguing that they
were done illegally and without following due process.
Kibor, through lawyer Daniel Tarigo Kiptoo, has
filed a petition at the Employment and Labour Relations Court, where Justice
Maureen Onyango has ordered that the case be heard on September 30, 2025.
Tarigo said they had sued the Governor of Uasin
Gishu, the County Public Service Board, and the Uasin Gishu County Assembly
over the appointments.
He argued that the process was done contrary to
the law and the Constitution regarding the establishment of cities and
municipalities.
“My client is challenging the entire process
through which the appointments were made and is seeking to have the same
declared null and void,” said Tarigo.
Two weeks ago, the Uasin Gishu County Public
Service Board announced that it had re-appointed Julius Kitur as chairman of
the Eldoret City Board.
Kitur had served as chairman of the Eldoret
Municipal Board for the last ten years, after which the town was elevated to
city status, leading to the establishment of a city board.
The new members appointed to the Eldoret City
Board include Ruth Limo, Alice Kositany, David Maize, Paul Chemmuttut, and KNUT
official Sammy Bor.
However, lawyer Tarigo argued that the
appointments did not comply with the relevant laws, noting that the board
summoned all shortlisted applicants for interviews on the same day and at the
same time.
“The Public Service Board did not have time to
go through the qualifications of the applicants because the process was done
hurriedly,” said Tarigo.
He further said the relevant law does not
provide for the position of chairman of the board, as advertised by the County
Public Service Board.
According to him, the law only provides for
the recruitment of six members of the board, who then, at their first meeting,
elect one of them as chairman.
Tarigo added that his client was also
concerned that all those appointed came from one community, yet Eldoret is a
highly cosmopolitan city with many communities.
He argued that the appointments ignored
provisions on cohesion, integration, and gender balance.
The petitioner insists that those appointed
through due process must also be subjected to vetting and approval by the
County Assembly.
He is therefore seeking a declaration from the
court that the advertisements, shortlisting, interviews, and
nominations/appointments to the City Board of Eldoret are illegal,
unconstitutional, and void for contravening the Urban Areas and Cities Act as
well as sections of the Constitution.
The petitioner is also seeking a declaration
that the “Chairperson” of the City Board cannot be recruited or advertised but
must be elected by the board at its first meeting, pursuant to the relevant
laws.
He also wants an order of prohibition
restraining the County Assembly from vetting and/or approving any nominees
forwarded, and orders stopping the swearing-in of the nominees.
Additionally, Tarigo said they are seeking an
order of mandamus compelling the respondents to re-commence the recruitment
afresh in strict compliance with the Constitution and relevant laws.
