NAIROBI, Kenya Oct 18 – Kiambu Deputy Governor James Nyoro has been given a green light to re-organise the county government while exercising executive powers, following the withdrawal of a petition barring him from reshuffling the cabinet.
The petitioner told Justice Onesmus Makau, that she was no longer interested to pursue the application that was filed following an order barring Governor Ferdinand Waititu from setting foot in office until his corruption case is heard and determined.
Through lawyer Kibe Mungai, Nyoro told Justice Onesmus Makau that the order, which was granted without hearing his side of the story, was not warranted because he did nothing that affects the complainant- Marion Njeri.
Justice Makau had barred Nyoro from reshuffling any member of the county executive or any other chief officers, pending the hearing of the petition filed by the Kiambu voter.
Mungai further told the court that there was a petition, pending before the High Court, challenging Section 32 (4) of the County Government Act that denies a deputy governor to nominate, appoint or dismiss any officers. He said it would embarrass the courts, were two judges to arrive at different interpretations.
According to Mungai, the Employment and Labour Relations court lacked jurisdiction to hear the matter since there are constitutional issues, which needs to be determined before the matter proceeds.
The lawyer informed the court that it is only a Constitutional court that can interpret provisions of Article 179 (5) of the Constitution of Kenya and Section 32 (4) of the County Governments Act.
Nyoro argued that as the acting governor, he required sufficient legal capacity and scope to discharge his functions to ensure smooth service delivery, efficient governance and accountable administration.
Njeri, however, through lawyer Nelson Masaviru objected to the application to lift the orders arguing that Dr Nyoro would be acting outside his mandate if allowed to reshuffle the cabinet.
The lawyer submitted that they were properly before the Employment court and it has the powers to hear the petition.
Justice Makau will give his ruling on October 11.