- Mwaure had issued orders stopping the process pending the hearing and determination.
- The governor through lawyer Duncan Okatch had opposed the suit claiming the petitioners’ sole agenda was to use the petition to create a rift between religions.
Image: WILFRED NYANGERESI
The Employment and Labour relations court has dismissed a case challenging the vetting of 10 Nairobi CEC nominees.
This means the vetting will now go on.
Justice Anna Mwaure dismissed the petition filed by the Association of Muslim Lawyers and the Nubian rights forum, saying it was filed prematurely.
The lobbyists moved to court challenging Nairobi Governor Johnson Sakaja’s nominees arguing that the list was discriminatoryand and no individual from the Islam group was shortlisted.
Mwaure had issued orders stopping the process pending the hearing and determination.
The judge on Wednesday ruled that there was no evidence adduced that any members of those communities made application for the various positions and applicants were not considered on the basis of religion.
“The claim for discrimination is generalised and in absence of any evidence to prove this, the court would be reluctant to assume such is the position,” the Judge ruled.
Court further noted that there are clear procedures of appointing the CECs and secretary and therefore allowed the process to continue.
“The court holds that the doctrine of separation of powers is crucial for good governance in any nation... This application is filed just at the beginning of the process and the vetting process by the county assembly," the judge said.
“The court finds that the petitioners have not proved that the respondents acted in a discriminatory manner in the initial stages of nominating members of CEC and neither have they proved that they acted contrary to the constitution.”.
The governor through lawyer Duncan Okatch had opposed the suit claiming the petitioners’ sole agenda was to use the petition to create a rift between religions in the county or even create an imaginary rift between him and Nairobi Muslims.
He claimed he has discretion and liberty to nominate and appoint anyone as a county executive as long as the person meets the qualifications as required for the position and fulfilled the requirements of Chapter Six.
It was his argument that though Article 27 of the Constitution provides for equal treatment including the right to equal opportunities in political, economic and socialsphere and equal protection and equal benefits, it is not interpreted to mean he can include everyone in his appointments.
According to the governor, there were only ten slots for the list of nominees for the position of county executives hence it was humanly impossible to include all the 47 tribes and all the religions in Kenya.
The Nairobi governor had noted, the application by the petitioners was premature and an abuse of the court process as the nominees have to be vetted by the county assembly before they are approved to serve.