PETITION TO BE HEARD MONDAY

Court revokes orders on Naivasha municipality board

Petitioners want board vetted afresh.

In Summary

• In the new orders, Mwongo said the suspension orders issued on May 15 had been lifted.

• The move raised eyebrows as petitioners lawyer George Kimani confirmed receiving the fresh orders from the judge.

Judge Richard Mwongo
MUNICIPAL BOARD: Judge Richard Mwongo
Image: /FILE

The High Court in Naivasha has revoked its decision suspending the operations of the Naivasha Municipality Board.

Judge Richard Mwongo suspended his orders following an ex-parte hearing, a day after he directed that the board stays out of office until a petition challenging its legality is heard and determined.

In the new orders, Mwongo said the suspension orders issued on May 15 had been lifted.

 

He further directed that the petition be heard on Monday in the same court. The  petitioners and the respondent were ordered to file their responses before then.

The move raised eyebrows as petitioners lawyer George Kimani confirmed receiving the fresh orders from the judge.

“We shall adhere to the court orders,” he said.

The lawyer said he was in the dark as to which grounds the judge used to rescind his decision.

Kimani argued that if allowed to operate, the board would be acting against the wishes of Naivasha residents.

In the petition filed by Eskimos Kobia, Lucas Kiratu and Haki Jamii Rights Centre, they want the vetting process of the board started afresh. They termed the previous one as "unconstitutional".

They argued that the Nakuru government and its agents engaged in unlawful process of nominating and vetting members.

 

The petitioners said the selected nominees lacked basic requirements like permanent residents and educational requirements to sit on the board.

“The entire process is prejudicial, embarrassing and an impunity to the residents of Naivasha subcounty and extension to Nakuru county,” the petition reads.

In an affidavit sworn by Kobia, he had information to prove some nominees did not have degrees as required by law.

Kobia, the chairman Naivasha Professional Association (NPA), said one appointee did not have a functional business in Naivasha as per the set requirements.

“Some alleged nominating bodies of affiliate organisation are non-existent or relevant in Naivasha region and lack capacity to nominate any individual,” he said in the affidavit.