- He said the vetting of the members of the board was conducted by the county assembly on Saturday and Sunday without public participation.
- Through lawyer Duncan Okatch, Odemba wants the board barred from purporting to discharge any functions conferred to them by the office.
Image: ROBERT OMOLLO
The High Court has issued an order of injunction stopping the recruitment process of members of Homa Bay county Public Service Board from assuming office.
Employment and labour relations court deputy registrar issued the order and certified the matter as urgent.
The matter will be heard on December 1 for directions.
This is after a voter sued the county to block the recruitment following an advertisement on September 6, and October 4, 2022.
Patrick Okuku Odemba argued that the recruitment process was tainted with illegalities.
He wants the High Court in Kisumu to block the officials from assuming office.
He said the vetting of the members of the board was conducted by the county assembly on Saturday and Sunday without public participation.
Through lawyer Duncan Okatch, Odemba wants the board barred from purporting to discharge any functions conferred to them by the office.
Also, from making or receiving any benefits directly or indirectly associated with the office pending hearing and determination of the case.
“The petitioner is thus apprehensive that unless this court urgently intervenes and grants the orders sought in the instant application, the successful person interviewed on November 19 and 20 (weekend) will assume office," Odemba said.
"The members of the Homa Bay County Public Service Board will perform functions of that office through an illegality and a process aimed at defeating justice.”
Odemba further wants the court to temporarily stop Ruth Aloo from performing or acting as the chief executive officer of the Homa Bay Public Service Board.
He claims that on October 4, the Homa Bay county Public Service Board interviewed shortlisted candidates for members of public service board and the said interviews were to be conducted on November 19 and 20.
However, the Homa Bay county Public Service Board had on September 28 advertised vacancies for the county chief officers, directors and deputy directors in various positions.
Odemba said the same was done in absence of a properly constituted board and in blatant disregard of the constitution.
“As at the time of the said advertisement vacancies of county chief officers, directors and deputy directors in various positions, the Public board was not even properly constituted," he said.
"It lacked statutory mandatory to operate as stipulated under the county government (amendment) Act,2020 thus rendering the entire recruitment process null.”
According to documents, in a bid to remedy the wrong and defeat justice the board through the county assembly has gone ahead and conducted interviews for the members.
This, he said, was in efforts to fill the vacancies in the board before interviews for the county chief officers, directors and deputy directors could commence.
“It is quite shocking that the interviews were conducted on November 19 and 20, which are both Saturday and Sunday and not working days and without public participation,” Odemba said.
He said the entire process is fought with patent conflict of interest.
Odemba said the governor illegally appointed Ruth Oloo as the acting secretary and chief executive officer of Public Service Board, yet the same person is also a substantive chief officer of in charge of energy.