The Nyeri government on Tuesday defended Governor Mutahi Kahiga’s decision to appoint his deputy before a law was approved by the National Assembly.
In documents filed at the High Court in Nyeri, in response to a petition challenging Caroline Karugu’s appointment, they said the process was procedural and lawful.
County Secretary Benjamin Gachichio said petitioner Benson Njuki’s argument is immaterial because application of the court’s advisory ought not to be construed strictly on the rules of the retrospective operation of the law.
He said the Supreme Court did not pronounce itself on the commencement date of the advisory.
"Until the court advisory, there was no legal mechanism to fill the vacancy of the deputy governor. I don’t see anything unconstitutional or illegal with the governor’s decision in following the guidance of the Supreme Court," Gachichio said.
County clerk Gerard Mwige said before Karugu’s appointment was approved by the assembly, members of public contesting her suitability were invited to provide written statements on oath accompanied with evidence.
He said the petitioner attended approval hearing of the Assembly Committee on April 20, 2018, to present information, which was against the Public Appointments (County Assemblies Approval) Act.
Mwige urged the court to dismiss the petition with costs. He said it has been overtaken by events following Karugu’s swearing-in on May 4.
The case will be heard on November 14.
Nyeri resident Njuki has sued the governor Kahiga over Karugu's
appointment.