The Employment and Labour relations court on Wednesday, November 30 threw out the case challenging the vetting of recently nominated Nairobi County Executive Committee Members (CECMs).
In her ruling, Justice Anna Mwaure quashed the petition filed by the Association of Muslim Lawyers and the Nubian rights forum, revealing that it was filed prematurely.
The groups challenged the nomination of Governor Johnson Sakaja’s nominees arguing that the list was discriminatory and had no individual from the Islamic group.
Mwaure rules that there was no evidence proving that any members of those communities made applications 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 communicated.
Further directions from the court indicated that there were clear procedures for appointing the CECMs and Secretaries 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 was filed just at the beginning of the vetting process by the county assembly," the judge ruled.
Speaking to Kenyans.co.ke, Kitisuru Member of the County Assembly, Alvin Palapala stated that the assembly was looking forward to vetting the CECMs.
"It is indeed true that the court has ruled against the petitioners, we, therefore, look forward to vetting the CECMs by next week," Palapala disclosed.
Sakaja through lawyer Duncan Okatch had opposed the petition claiming the petitioners’ sole agenda was to use it to create rifts within the county.
“The notion that for you to be served, you must see the name of somebody with your sir name, or somebody who goes to the same place of worship with you is a flawed notion that could lead to the balkanization of our country,” Sakaja divulged.
The governor argued that the county Public Service Board had shortlisted names of the County Chief Officers who will be vetted to serve Kenyans without basing their appointments on tribal lines.
The vetting of the nominees had initially been set for November 14 to November 16 but was put aside to allow the court to dispense the petition.
