A court in Mombasa on Friday, January 20, rejected pleas by four petitioners who were seeking orders to stop the recruitment of ten County Executive Committee (CEC) members.
The four petitioners had asked the court to block Mombasa County Governor Abdulswamad Nassir's nominated 10 CECs, the County Secretary, and the Chief Executive Officer to the Mombasa County Public Service Board, and a host of advisors from being approved to take up their responsibilities.
Mombasa Employment and Labour Relations Court rejected a request for the conservatory order, noting that there was no substantial threat to the petitioners' case.
The four petitioners moved to court under a certificate of urgency, alleging the governor had contravened the law during the nomination process of the top county officials.
Lady Justice Agnes Nzei pointed out that the petitioners' pleas lacked enough grounds that would prove Abdulswamad's culpability but still allowed respondents to file their responses.
Nzei also asked Governor Abdulswamad's lawyers to duly serve the petitioners by Monday 26th, ahead of determination of the case.
Appearing before Judge Nzei, Governor Abdulswamad and his legal team dismissed the arguments by four petitioners, noting that the process was above board.
In their petition, Abdullmajid Ali, Mesh Mwaniki, Maria Magdalene and Mohamed Mohsin argued that Governor Abdulswamad's nomination did not meet the threshold for employment of local people as required by the law.
The four reasoned that the County Government Act, of 2012, proposes that 70 per cent of jobs will be given to the locals of a county and 30 per cent reserved for experts from outside.
“The governor, being the appointing authority, shrouded the appointment he made with a lot of secrecy in total offence of the constitution and all relevant laws,” the petitioners pointed out.
Petitioners claimed that the law requires Governor Abdulswamad to carry out a due diligence and ensure that fairness, transparency and competitive are well established in the process.
“Appointment of Waliaula offends the law as he was meant to serve for the term that commensurates with that of the first regime, whose term expired upon assumption of office of the current governor," petitioners argued.
The ten chief executive committee members who were appointed on January 15, will now go through the normal recruitment process.
The petitioners' lawyers also argued that the two-thirds gender rule on public appointments was also violated as there are only two women nominees in comparison to eight men on the governor's list of appointees.
