The Employment and Labour Relations Court has barred Nyamira county from vetting Deputy Governor nominee James Gesami.
Justice Maureen Onyango has temporarily stopped Governor Amos Nyaribo from presenting the name of the Gesami to the County Assembly for vetting.
“The respondents are hereby restrained from presenting the name of the Gesami to the County Assembly for vetting pending inter-parties hearing of the application,” the order reads.
In the case Vincent Omao has moved to court seeking to stop Gesami’s nomination as the next deputy governor.
Omao has sued Nyaribo, County Secretary, Clerk of the County Assembly and the Speaker.
Gesami was nominated last week by Nyaribo who took over office following the death of Governor John Nyangarama.
In the papers, he argues that Gesami's appointment was done without due diligence.
"Pending the determination and of instant application, the court is pleased to grant interim order of injunction, restraining the County Governor of Nyamira, County Secretary of Nyamira, the Speaker and the Nyamira County Assembly from continuing with the process of nomination for, vetting and approval of Dr James Gesami as Deputy Governor, "said a copy of the ruling signed by Justice Maureen Anyango.
Omao, in court submissions, said the appointment failed to adhere to the law and thus fails the legal test.
"Unless it was done in strict adherence to the constitution, the County Government Act and other necessary relevant law, the appointment should be quashed," said Omao in the petition papers.
Onyango, while giving the ruling, said the injunction will stay until 'all due conformity with the law' is exercised by the powers thereof.
The case was filed under a certificate of urgency.
The matter was fixed for hearing on January 20.
