Court stops vetting of Trans Nzoia chief officer nominees

An Eldoret court has stopped the vetting of 11 chief officers nominated by Trans Nzoia Governor George Natembeya pending hearing of case challenging the list.

In the case, Stephen Kiplagat Rotich has argued that the list of nominees lacks regional and tribal balance.

Justice Joram Abuodha issued temporary orders stopping the vetting.

“Order is hereby issued restraining and barring the Country Service Board from receiving the list of nominees and if already received barring them from vetting or appointing the 11 nominees as chief officers,” the order reads.

The 11 nominees include Kennedy Seme, Sammy Sichangi,Dorothy Nyukuri,Philip Kapten,George Mwangi,Emmanuel Wanjala,Jane Wachwenge, Ashton Mulupi, Patrick Osoro, Isaac Ndiema and Roselyne Nasiebanda.

The governor nominated 11 for the position from a list of 93 candidates shortlisted by the County Public service board.

Rotich says the said list of nominees has been transmitted to the board for vetting and approvals.

“The nominations of the 11 nominees from a list of 93 shortlisted qualified candidates has been discriminatory in total disregard of the provisions of the law,” court papers read.

Through lawyer Litty Kathurima, Rotich argues that the list of nominees does not take into account the regional, tribal and the youth balance contrary to the tenets of good governance as demanded by law.

“The list has 80% from the Luhya community in Trans Nzoia which is to the detriment of the other subtribes within the region which is contrary to the pluralism of the country and depicts regional imbalance,” reads court papers.

Rotich further argues that the composition of the 11 nominated for approval was after disregarding and ignoring other 82 candidates who were qualified and some would have been nominated to meet the constitutional dictate for regional balance, gender equality, youths and people with disability.

He argues that unless constituted according to the law as is required, then it may lead to misuse of resources contrary to the law of prudent and responsible way of utilising public resources in what seems as favouritism in public office nominations.

“Unless orders are issued, the board will start the process of vetting the appointees from a list that does not meet the regional balance, youth, the disabled and members of the marginalised communities,” Rotich said.

He said the chief officers will be sitting in positions that hold the highest fiduciary and policy interest of Kenyans and will make decision that not only bind the public but incur expenditure against public interest if this court eventually nullified the said appointments.

The case will be mentioned on December 5.