The court ruling that quashed the nomination of nine executives by Siaya governor Cornel Rasanga has vindicated the county assembly, Speaker George Okode has said.
He said the assembly had observed the nominees did not have the required knowledge, experience and distinguished career as required in law.
Speaking in Kisumu yesterday, Okode said the assembly objected to the nominees. He said the three-judge bench comprising Justice Kanyi Kimondo, Jaden Thuranira and J. Onyiego vindicated the stand by the assembly.
Okode said the ruling though did not terminate the services of the executives but gave room for the petitioners to further seek the removal of the nine officers.
“The political persuasion made the assembly to back off and let the names to sail through,” he added.
The Speaker said the pronouncement of the court is clear the assembly followed the law to reject the names.
Okode said the judgment should be a lesson to all the 47 county governments to always follow the law.
On Thursday, Justice Kimondo said the nominees did not meet the requirements of section 35 ( 3 ) (d) of the County Government Act.
He said the law insists on knowledge, experience and a distinguished career of not less than five years in the field relevant to the portfolio of the department to which the person is being appointed.
The petitioners, Brenda Achieng Ongalo, Isaac Okinyi and James Anyiko, had sued the Siaya assembly, Okode, Rasanga and the county government.
They wanted the court to declare the nomination of all 10 executives as unconstitutional, null and void.
The petitioners, through their advocate James Aggrey Mwamu, said the list of 10 members submitted to the assembly on September 18, 2017, violated the Constitution and statutes.
They also sought a conservatory order barring Rasanga from resubmitting the list and prohibiting the county assembly from receiving such nominees.
Further, they wanted the clerk of the assembly or the Speaker restrained from re-submitting the list or receiving such nominees or any other name other than of people meeting requirements in line with the Constitution.
The judge said Rasanga did not have the power or authority to resubmit the name of a nominee whose nomination had been rejected by the assembly unless the circumstances relied on for the rejection did not exist at the time.
The nominees included Nicholas Ochogo (Agriculture), Joseph Ogutu (Finance), Elizabeth Odhiambo (Enterprise), Adrian Ouma (Physical planning) and George Misore (Water).
Others were Dorothy Owino (Health), Mary Olute (Education), Dismas Wakla (Public service),- George Amenya (Public works and Jaoko Oburu Odinga (Tourism).
The assembly only approved Olute on October 3, 2017. But Rasanga resubmitted the names and later returned the names of six rejected nominees.