• Former Nyeri MP Esther Murugi and ex-Isiolo Woman Representative said to have been nominated in a flawed process.
• Case referred to Employment Court where two related matters are pending.
Image: FILE
The High Court has declined to stop Parliament from vetting President Uhuru Kenyatta’s nominees for National Land Commission.
Justice James Makau, however, referred the matter to Employment Court where two other matters are pending.
“This court is alive of further petitions in this court and Labour Court where there is an issue of jurisdiction. This matter will be mentioned on September 12 with a view to having it stayed either to await the hearing and determination of the two matters or the consolidation of all matters,” Makau said on Thursday.
All the parties have 14 days to exchange documents.
The orders were issued after Moses Kiptuma Sinanga challenged the process used by the selection panel to nominate former Nyeri MP Esther Murugi and Isiolo Woman Representative Tiya Galgalo Ali as NLC commissioners.
Sinanga said the two were not shortlisted and sought conservatory orders restraining the panel and the Attorney General, including President Kenyatta, from forwarding the names of the appointed chairperson and members to the National Assembly for vetting.
The selection panel shortlisted candidates who had applied and successful ones notified in the dailies.
The petitioner, however, alleges that Galgalo and Murugi were not successful, terming it as strange that their names were forwarded to the President.
He says they never applied to become members of the commission and were not interviewed and as such "it will be a great travesty if they are vetted and approved to be members".
“Unless this court intervenes, the names will be forwarded for vetting stemming from a flawed process and the Constitution risks being nullified,” the documents read.
Sinanga contends that the entire selection process was flawed since "among the eight successful members meant to be commissioners are Galgalo and Murugi who were neither shortlisted nor interviewed for those positions".
The National Assembly, which is set to resume soon, is set to vet the persons within 14 days.
The selection panel, Lands CS and the AG have been listed as respondents.
Last week, Gershom Otachi Bw’Omanwa was nominated as the chairperson, while Gertrude Nduku Nguku, Reginald Okumu, Hubbie Hussein Al-Haji and Alister Murimi Mutugi will be commissioners to take over from the Mohamed Swazuri-led team.
Murugi and Galgalo made a comeback into public office after they were nominated as commissioners alongside ex-Labour CS Kazungu Kambi.
Edited by R.Wamochie