The new Nyeri Governor Samuel Wamathai has been taken to court days after the death of his predecessor, Nderitu Gachagua.
Wamathai who has barely been in office for two weeks was on Friday sued by three residents over illegal employment of members of the County Executive Committee.
Bernard Ngiri, Denning Omungo and Catherine Wangui told the court that Mr Wamathai went against the Constitution when he reappointed six county executives who served in Gachagua's office without approval by the Ward Representatives.
"The current Governor of Nyeri has reappointed those in office without the approval of MCAs and has allowed unqualified individuals to hold office," the court papers read.
The three added that the county executive members must have been vetted before they assumed office.
"It is evident the governor intends to work with the former members of County Executive Committee (CEC); that being the case, he is no stalled from realising the law that permits him to re-appoint the former members but it should be subject to approval by Members of County Assembly," they mentioned.
Earlier, Attorney General Githu Muigai had stated that there was no need to vet the officials who had served under Gachagua's administration.
"In these circumstances, the question of vetting of the suitability of such a member retained does not arise and the mere fact of retention is a strong presumption of continued confidence by the new county administration," Muigai affirmed.
On Thursday, Dr. Charles Githinji (Health), Erastus Muriuki (Education), Robert Thuo (Agriculture), Stanley Miano (Tourism), Lucy Wanyitu (Special Programmes) and Timothy Nyunyangu (Environment) were re-appointed and sworn into office.
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