Full Petition and Court Order Stopping County Assembly from Rejecting Governor’s Appointees

June 14, 2013
By

 

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAKURU

PETITION NO.          OF 2013

Tom Ojienda-Ex-TJRC Commissioner Represents the Petitioner

Tom Ojienda-Ex-TJRC Commissioner Represents the Petitioner

In the Matter Of:                Articles 1, 2, 3 (1), 6, 10, 12(1), 19, 20, 21, 22, 23 (1) & (3), 35, 43, 47(1), 48, 160(1), 165(3) (b), 174, 175, 176, 178, 179 183, 191 and 258(1) of the Constitution of Kenya, 2010

and

In the Matter Of:                Rules 11, 12, 13, 20 and 21 of the Constitution of Kenya (Supervisory Jurisdiction and Protection of Fundamental Rights and Freedoms of the Individual) High Court Practice and Procedure Rules, 2006

and

IN THE MATTER OF:           Sections 8, 31, 35, 36, 41, 44, 56, 57, 58 Of The County Governments Act No. 17 OF 2012, Laws Of Kenya;

and

IN THE MATTER OF:           Sections 3, 4, 6, 7, 8, 9 10 and the Schedule to The Public Appointments (Parliamentary Approval) Act No. 33 Of 2011, Laws Of Kenya

Justice Anyara Emukule-Nakuru Resident Judge

Justice Anyara Emukule-Nakuru Resident Judge

and

In the Matter Of:                Standing Order Numbers 14, 42, 175, 177, 178, 180 And 185 Of the Interim County Government Standing Orders

and

In the Matter Of:                First Report of the Assembly Committee on Appointments on the Vetting of Nakuru Executive Committee Nominees; County Public Service Board Members and the County Secretary

and

In the Matter Of:                alleged contravention of articles 2, 3, 10(2) (c), 43, 47, 174, and 258(1) of the Constitution of Kenya, 2010

and

In the Matter Of:                Alleged Contravention and/or Apprehended Contravention of Fundamental Rights and Freedoms under Articles 10, 43 and 47(1) of the Constitution of Kenya

and

In The Matter Of:                Alleged Contravention Of Sections 35 and 58 of the County Governments Act; and Contravention of Section 7 of the Public Appointments (Parliamentary Approval) Act

BETWEEN:

JOHN KIPNG’ENO KOECH ……………………………..…………………………………………… PETITIONER

VERSUS

THE NAKURU COUNTY ASSEMBLY COMMITTEE ON

APPOINTMENTS………………………………………………………………………………………..1ST RESPONDENT

Speaker Susan Kihika

Speaker Susan Kihika

THE SPEAKER OF THE NAKURU COUNTY ASSEMBLY………………………….2ND RESPONDENT

NAKURU COUNTY ASSEMBLY………………………………………………………………….3RD RESPONDENT

THE HONOURABLE ATTORNEY GENERAL…….………………….…………….… 4TH RESPONDENT

CERTIFICATE OF URGENCY

I, PROF. TOM OJIENDA, SC an advocate of the High Court of Kenya, practicing as such in the firm of Odhiambo & Odhiambo Advocates on record for the Petitioner herein, certify that the Application filed herewith is of utmost urgency and should be heard at the earliest opportunity for the reasons:

APPROVED 3 NAKURU COUNTY ASSEMBLY  COMMITTEE ON APPOINTMENTS REPORT SAMUEL NDUNG’U GITAU NOMINEE FOR TRADE, INDUSTRIALIZATION, TOURISM MANAGEMENT AND WILDLIFE

APPROVED 3
NAKURU COUNTY ASSEMBLY
COMMITTEE ON APPOINTMENTS REPORT
SAMUEL NDUNG’U GITAU
NOMINEE FOR TRADE, INDUSTRIALIZATION, TOURISM MANAGEMENT AND WILDLIFE

1.      THAT the 3rd Respondent basing its actions on the First Report of the Assembly Committee on Appointments on the Vetting of Nakuru Executive Committee Nominees; County Public Service Board Members and the County Secretary dated 28th May, 2013, by the 1st Respondent, has failed to approve the nomination of 9 names forwarded to it by the Governor of Nakuru County to the Nakuru County Executive Committee and the County Public Service Board.

2.      THAT the names of the rejected nominees are:

For the County Executive Committee positions:

Dropped: Prof Mary the nominee for Lands, Physical Planning and and Housing

Dropped: Prof Mary the nominee for Lands, Physical Planning and and Housing

a.       Prof. Mary Kariuki

b.      Dr. Julius Ogeto

c.       Pollyne Anyango Owoko

d.      Dr. Stanley K. Chepkwony

e.       Joseph Kosgei Tonui

f.        Mary Wanjiru Waiganjo

For the County Public Service Board positions:

g.       James Kiongi Mwaura

h.      Peter Muriithi Mwarania

i.         J.M. Mogosi

DROPPED BY COUNTY ASSEMBLY OF NAKURU FIRST SESSION FIRST REPORT OF THE ASSEMBLY COMMITTEE ON APPOINTMENTS ON THE VETTING OF NAKURU COUNTY EXECUTIVE COMMITTEE NOMINEES; COUNTY PUBLIC SERVICE BOARD MEMBERS AND THE COUNTY SECRETARY

DROPPED BY
COUNTY ASSEMBLY OF NAKURU
FIRST SESSION FIRST REPORT
OF THE ASSEMBLY
COMMITTEE ON APPOINTMENTS
ON THE VETTING OF
NAKURU COUNTY EXECUTIVE COMMITTEE NOMINEES; COUNTY PUBLIC SERVICE BOARD MEMBERS AND
THE COUNTY SECRETARY

3.      THAT the grounds provided by the 1st Respondent for rejection of the nominees violates Sections 35 and 58 of the County Governments Act No. 17 of 2012; Section 6 and 7 of the Public Appointments (Parliamentary Approval) Act No. 13 of 2011 on vetting criteria and amounts to unfair administrative action in patent breach of Article 47 of the Constitution of Kenya, thus unconstitutional.

4.      THAT the County Executive Committee needs to be urgently constituted in order to facilitate the running of the County Government in accordance with Article 183 of the Constitution of Kenya, 2010, Section 36 and Section 41 (2) of the County Government Act which requires that the quorum of the County Executive Committee must be more than half of the membership.

5.      THAT it is just and equitable that the applicant be heard on priority basis so that the grievances are remedied without delay.

6.      THAT it would be a grave miscarriage of justice not only for the Applicant and the nominees, but also for the people of Nakuru County if the issues raised in the application are not addressed within time to properly constitute the Nakuru County Government.

7.      The Applicant is reasonably apprehensive that unless the Application herein is urgently admitted, the decision by the County Assembly Committee on Appointments will render the orders sought in the Application herein superfluous and further trampling upon the Applicants fundamental rights and freedoms.

8.   

Comeback? Joseph Tunoi long serving high school principal.

Comeback? Joseph Tunoi long serving high school principal.

   Unless an Application for Conservatory Orders filed herewith is granted, the intended Petition would be rendered otiose and the fundamental rights of the Applicant would further be trampled upon.

9.      It is in the interest of justice and fairness that the Application herein be urgently admitted for hearing and determination.

DATED    at   NAKURU this                                     day of                                                                   2013

 

PROF. TOM OJIENDA, SC

ADVOCATE FOR THE PETITIONER/APPLICANT

 

DRAWN & FILED BY:

ODHIAMBO & ODHIAMBO ADVOCATES,

WESTSIDE MALL,

NAKUMATT BUILDING, 2ND FLOOR

P. O. BOX 15142 – 20100

NAKURU

TO BE SERVED UPON

1.      The Nakuru County Assembly Committee on Appointments,

Nakuru

 

2.      The  Speaker of the Nakuru County Assembly,

Nakuru

  1. The Nakuru County Assembly.

4.      The Honourable Attorney General,

State Law Office,

Sheria House,

Nairobi

 

Decorated: Governor Mbugua

Decorated: Governor Mbugua

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAKURU

PETITION NO.          OF 2013

In the Matter Of:                Articles 1, 2, 3 (1), 6, 10, 12(1), 19, 20, 21, 22, 23 (1) & (3), 35, 43, 47(1), 48, 160(1), 165(3) (b), 174, 175, 176, 178, 179 183, 191 and 258(1) of the Constitution of Kenya, 2010

and

In the Matter Of:                Rules 11, 12, 13, 20 and 21 of the Constitution of Kenya (Supervisory Jurisdiction and Protection of Fundamental Rights and Freedoms of the Individual) High Court Practice and Procedure Rules, 2006

and

IN THE MATTER OF:           Sections 8, 31, 35, 36, 41, 44, 56, 57, 58 Of The County Governments Act No. 17 OF 2012, Laws Of Kenya;

and

IN THE MATTER OF:           Sections 3, 4, 6, 7, 8, 9 10 and the

DROPPED BY NAKURU COUNTY ASSEMBLY MR. JAMES KIONGI MWAURA NOMINEE FOR  CHAIRMAN  COUNTY PUBLIC SERVICE BOARD

DROPPED BY
NAKURU COUNTY ASSEMBLY
MR. JAMES KIONGI MWAURA
NOMINEE FOR
CHAIRMAN
COUNTY PUBLIC SERVICE BOARD

Schedule to The Public Appointments (Parliamentary Approval) Act No. 33 Of 2011, Laws Of Kenya

and

In the Matter Of:                Standing Order Numbers 14, 42, 175, 177, 178, 180 And 185 Of the Interim County Government Standing Orders

and

In the Matter Of:                First Report of the Assembly Committee on Appointments on the Vetting of Nakuru Executive Committee Nominees; County Public Service Board Members and the County Secretary

and

In the Matter Of:                alleged contravention of articles 2, 3, 10(2) (c), 43, 47, 174, and 258(1) of the Constitution of Kenya, 2010

and

In the Matter Of:                Alleged Contravention and/or Apprehended Contravention of Fundamental Rights and Freedoms under Articles 10, 43 and 47(1) of the Constitution of Kenya

and

In The Matter Of:                Alleged Contravention Of Sections 35 and 58 of the County Governments Act; and Contravention of Section 7 of the Public Appointments (Parliamentary Approval) Act

BETWEEN:

JOHN KIPNG’ENO KOECH ……………………………..…………………………………………… PETITIONER

VERSUS

THE NAKURU COUNTY ASSEMBLY COMMITTEE ON

APPOINTMENTS………………………………………………………………………………………..1ST RESPONDENT

THE SPEAKER OF THE NAKURU COUNTY ASSEMBLY………………………….2ND RESPONDENT

NAKURU COUNTY ASSEMBLY………………………………………………………………….3RD RESPONDENT

THE HONOURABLE ATTORNEY GENERAL…….………………….…………….… 4TH RESPONDENT

Governor Kinuthia Mbugua and his Deputy Joseph Ruto

Governor Kinuthia Mbugua and his Deputy Joseph Ruto

To:      The High Court of Kenya

My Lords, the humble petition of JOHN KIPNG’ENO KOECH, is as follows:-

1        The Petitioner is a male adult of sound mind residing, working for gain, a taxpayer and a registered voter in Nakuru County within the Republic of Kenya, and whose address of service for purposes of this suit shall be c/o Odhiambo & Odhiambo Advocates, Westside Mall, Nakumatt Building, 2nd Floor, P.O. Box 15142 – 20100, Nakuru.

2        The Petitioner being a person within the meaning of both Articles 12(1) and 20(2) of the Constitution of Kenya, 2010 is entitled to each and all the fundamental rights and freedoms expressed and or implied in the Constitution.

3        Article 3 of the Constitution of Kenya, 2010 obliges the Petitioner (and indeed all other persons) to uphold and defend the Constitution and in particular to insist that all organs and or bodies of the Government of Kenya be established in strict compliance with the Constitution.

APPROVED BY NAKURU COUNTY ASSEMBLY FRANCISCA KAMUREN  NOMINEE FOR  MEMBER  COUNTY PUBLIC SERVICE BOARD

APPROVED BY
NAKURU COUNTY ASSEMBLY
FRANCISCA KAMUREN
NOMINEE FOR
MEMBER
COUNTY PUBLIC SERVICE BOARD

4        Article 22 (1) of the Constitution of Kenya, 2010 entitles the Petitioner (and indeed all other persons) to move the Honourable Court whenever a right or fundamental freedom in the Bill of rights is denied, violated, infringed or threatened.

5        Article 10(2) (c) of the Constitution of Kenya, 2010 obliges the Respondents to observe good governance, integrity, transparency and accountability in exercise of their functions.

6        Article 35 of the Constitution of Kenya 2010 guarantees the right of every citizen to information held by the state; and information held by another person and required for the exercise or protection of any right or fundamental freedom.

7        Article 43 of the Constitution of Kenya, 2010 entitles the Petitioner (common with other persons) to fundamental economic and social rights which include the right to accessible and adequate housing, highest attainable standards of health, freedom from hunger, clean and safe water in adequate quantities, social security, and education.

8        Article 47 (1) of the Constitution of Kenya, 2010 entitles the Petitioner (in common with other persons) to a fundamental and inalienable right to a lawful and procedurally fair administrative action.

9        This Petition is intent on challenging decisions allegedly made by the 1st Respondent as contained in the First Report of the Assembly Committee on Appointments on the Vetting of Nakuru Executive Committee Nominees; County Public Service Board Members and the County Secretary dated 28th May, 2013 purporting to reject the nomination of nine Applicants to the Nakuru County Executive Committee and the County Public Service Board on grounds of not meeting the required constitutional and statutory vetting threshold.

10   THAT the names of the rejected nominees are:

For the County Executive Committee positions:

i)       Prof. Mary Kariuki

DROPPED 3 NAKURU COUNTY ASSEMBLY  COMMITTEE ON APPOINTMENTS REPORT DR JULIUS OGETO NOMINEE FOR HEALTH

DROPPED 3
NAKURU COUNTY ASSEMBLY
COMMITTEE ON APPOINTMENTS REPORT
DR JULIUS OGETO
NOMINEE FOR HEALTH

ii)     Dr. Julius Ogeto

iii)   Pollyne Anyango Owoko

iv)   Dr. Stanley K. Chepkwony

v)     Joseph Kosgei Tonui

vi)   Mary Wanjiru Waiganjo

For the County Public Service Board positions:

vii)James Kiongi Mwaura

viii)           Peter Muriithi Mwarania

ix)   J.M. Mogosi

11   The 1st Respondent ironically failed to meet the required legal standard set out in law in basing its decision on non-existent vetting criteria. The 1st respondent considered such reasons as:

(a)  In the case of Prof. Mary Kariuki, nominee for Lands, Physical Planning and Housing; that she did not present an affidavit to ascertain that her three names as appearing in the certificates referred to one person;

(b)

DROPPED2: DR STANLEY KIMAIWA CHEPKWONY NOMINEE FOR AGRICULTURE LIVESTOCK AND FISHERIES

DROPPED2: DR STANLEY KIMAIWA CHEPKWONY
NOMINEE FOR AGRICULTURE LIVESTOCK AND FISHERIES

  In the case of Dr. Stanley Kimaiwa Chepkwony, nominee for Agriculture, Livestock and Fisheries; that he had not been interviewed for the position he had been nominated to serve;

(c)   Dr. Julius Ogeto, nominee for Health; that he lacked vision and passion; and

(d)  Pollyne Anyango Awoko, nominee for Information Communication Technology and Government; that she was very theoretical,

among other reasons.

12   The Respondent has infringed the Petitioner’s fundamental and inalienable right to-

(a)  A lawful and procedurally fair administrative action; and

DROPPED BY COUNTY ASSEMBLY OF NAKURU FIRST SESSION FIRST REPORT OF THE ASSEMBLY COMMITTEE ON APPOINTMENTS ON THE VETTING OF NAKURU COUNTY EXECUTIVE COMMITTEE NOMINEES; COUNTY PUBLIC SERVICE BOARD MEMBERS AND THE COUNTY SECRETARY 28th May 2013 MS POLLYNE ANYANGO AWOKO NOMINEE FOR INFORMATION COMMUNICATION TECHNOLOGY AND E-GOVERNMENT

DROPPED BY
COUNTY ASSEMBLY OF NAKURU
FIRST SESSION FIRST REPORT
OF THE ASSEMBLY
COMMITTEE ON APPOINTMENTS
ON THE VETTING OF
NAKURU COUNTY EXECUTIVE COMMITTEE NOMINEES; COUNTY PUBLIC SERVICE BOARD MEMBERS AND
THE COUNTY SECRETARY
28th May 2013
MS POLLYNE ANYANGO AWOKO NOMINEE FOR INFORMATION COMMUNICATION TECHNOLOGY AND E-GOVERNMENT

(b)  Right to economic and social rights.

Contrary to, inter alia, the express and implied provisions of Articles 3 (1), 10, 22 (1), 43, 47(1) and 160 of the Constitution of Kenya, 2010.

13   Particulars of Infringements:

(a)  The Nakuru County Assembly Committee on Appointments opted to take into account irrelevant considerations in vetting nominees for positions to the County Executive Committee and County Public Services Board.

(b)  The Committee on Appointments acted unconstitutionally and in abuse of its powers in so far as they made a recommendation directing the rejection of the nominees based on non-existing legal provisions. 

(c)   The speaker of the County Assembly brazenly flouted the law, particularly Standing Order No. 14 of the Interim County Assembly Standing Orders, when he sat as the Chairperson of Committee on Appointments without properly constituting the committee.

(d)  The speaker further refused to subject the nominees to the floor of the County Assembly for approval as required by Section 8 of the County Government Act No. 17 of 2012.

(e)  The effect of the rejection of nominees based on the grounds as presented by the Respondents is to deny the Petitioner to be represented by public officials who are going to facilitate the running of the County.

(f)    The Committee on Appointments was limited to the vetting criteria as stipulated under Sections 35 and 58 of the County Government Act and Section 7 of the Public Appointments (Parliamentary Approval) Act.

(g)  The speaker of the County Assembly acted in disregard of the essence and rationale of the doctrine of separation of powers when she purported to sit as Chairperson of the Committee on Appointments and make decisions that were meant to be forwarded to the County Assembly for Approval.

(h

APPROVED BY NAKURU COUNTY ASSEMBLY MR. PETER KIBE MBAE NOMINEE FOR  MEMBER COUNTY PUBLIC SERVICE BOARD

APPROVED BY
NAKURU COUNTY ASSEMBLY
MR. PETER KIBE MBAE NOMINEE FOR
MEMBER
COUNTY PUBLIC SERVICE BOARD

)  The Nakuru County Committee on Appointment and the Speaker of the County Assembly acted in disregard of the Rules of natural justice and fair administrative action and therefore the violation of the said rules makes the decisions void.

14   The Respondent’s decision to direct the rejection of nominees to the County Executive Committee and the County Public Service Board:

                (i)            deprived the Petitioner of its right to the protection of its interest and rights under the County Government as guaranteed under Articles 6, and Chapter 11 of the Constitution of Kenya, 2010;

              (ii)            breached the mandatory fiduciary duty in article 3(1) of the Constitution of Kenya on the Respondents to respect and uphold the Constitution of Kenya;

            (iii)            breached the mandatory national values and principles of governance in article 10(2) (c) of the Constitution of Kenya on the Respondent to observe good governance, integrity, transparency and accountability;

            (iv)            deprived the nominees to a lawful and procedurally fair administrative action in breach of article 47(1) of the Constitution of Kenya;

              (v)            places at risk the Petitioner’s rights and freedoms as guaranteed under Article 43 of the Constitution of Kenya, 2010.

 

Your Petitioner therefore humbly prays for:

a)     A declaration that the report by the Nakuru County Assembly Committee on Appointments to reject the nominees for County Executive Committee and County Public Service Board breached the Petitioner’s constitutional rights under Articles 3 (1),  6, 10(2) (c), 22 (1), 43, 47(1), 174, 175 and 176 of the Constitution of Kenya, 2010,  and were null and void for all intents and purposes;

b)    

APPROVED BY  NAKURU COUNTY ASSEMBLY MR. JAMES MBUGUA KURIA,  NOMINEE FOR  SECRETARY  COUNTY PUBLIC SERVICE BOARD

APPROVED BY
NAKURU COUNTY ASSEMBLY
MR. JAMES MBUGUA KURIA,
NOMINEE FOR
SECRETARY
COUNTY PUBLIC SERVICE BOARD

A declaration that the report by the Nakuru County Assembly Committee on Appointments to reject the nominees for County Executive Committee and County Public Service Board was a clear violation of Sections 35 and 58 of the County Government Act No. 17 of 2012, and were null and void for all intents and purposes;

c)      A declaration that the report by the Nakuru County Assembly Committee on Appointments to reject the nominees for County Executive Committee and County Public Service Board was a clear violation of Section 7 of the Public Appointment(Parliamentary Approval) Act No. 33 of 2011, and were null and void for all intents and purposes;

d)     THAT pending the hearing and determination of this Application inter partes, conservatory orders of stay do issue to stay the decision of the Respondents to, reject the nomination of: Prof. Mary Kariuki; Dr. Julius Ogeto; Pollyne Anyango Owoko; Dr. Stanley K. Chepkwony; Joseph Kosgei Tonui; and Mary Wanjiru Waiganjo as members of the Nakuru County Executive Committee as  contained First Report of the Assembly Committee on Appointments on the Vetting of Nakuru Executive Committee Nominees; County Public Service Board Members and the County Secretary dated 28th May, 2013;

e)     THAT pending the hearing and determination of this Application inter partes, conservatory orders do issue staying the decision of the Respondents to reject the nomination of: James Kiongi Mwaura; Peter Muriithi Mwarania; and J.M. Mogosi as members of the Nakuru County Public Service Board as  contained First Report of the Assembly Committee on Appointments on the Vetting of Nakuru Executive Committee Nominees; County Public Service Board Members and the County Secretary dated 28th May, 2013;

f)       An order of Judicial Review orders of Certiorari to remove into this Honourable court and quash the decision of the 1st and 2nd Respondents dated 28th May, 2013 purporting to reject the nominations of the Applicants as members of the Nakuru County Executive Committee and the County Public Service Board;

g)     An order of Judicial Review orders of Mandamus to remove into this Honourable court and compel the 1st and the 2nd Respondents to approve the rejected list of nominees as there is no statutory and constitutional principle which was employed to lock them out from being appointed into the Nakuru County Executive Committee and the County Public Service Board;

h)     Costs of and incidental to this Petition; and

i)       Any other order that this Honourable court deems fit and just to grant in the circumstances.

DATED    at   NAKURU this                                 day of                                                                       2013

ODHIAMBO & ODHIAMBO ADVOCATES

ADVOCATES FOR THE PETITIONER/ APPLICANT

Complainant:  Wycliffe Agesa

Complainant: Wycliffe Agesa

DRAWN & FILED BY:

ODHIAMBO & ODHIAMBO ADVOCATES,

WESTSIDE MALL,

NAKUMATT BUILDING, 2ND FLOOR

P. O. BOX 15142 – 20100

NAKURU

TO BE SERVED UPON

5.      The Nakuru County Assembly Committee on Appointments,

Nakuru

 

6.      The  Speaker of the Nakuru County Assembly,

Nakuru

 

7.     

County Finance Minister Francis Mathea

County Finance Minister Francis Mathea

The Honourable Attorney General,

State Law Office,

Sheria House,

Nairobi

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAKURU

PETITION NO.          OF 2013

In the Matter Of:                Articles 1, 2, 3 (1), 6, 10, 12(1), 19, 20, 21, 22, 23 (1) & (3), 35, 43, 47(1), 48, 160(1), 165(3) (b), 174, 175, 176, 178, 179 183, 191 and 258(1) of the Constitution of Kenya, 2010

and

In the Matter Of:                Rules 11, 12, 13, 20 and 21 of the Constitution of Kenya (Supervisory Jurisdiction and Protection of Fundamental Rights and Freedoms of the Individual) High Court Practice and Procedure Rules, 2006

and

IN THE MATTER OF:           Sections 8, 31, 35, 36, 41, 44, 56, 57, 58 Of The County Governments Act No. 17 OF 2012, Laws Of Kenya;

and

IN THE MATTER OF:           Sections 3, 4, 6, 7, 8, 9 10 and the Schedule to The Public Appointments (Parliamentary Approval) Act No. 33 Of 2011, Laws Of Kenya

and

In the Matter Of:                Standing Order Numbers 14, 42, 175, 177, 178, 180 And 185 Of the Interim County Government Standing Orders

and

In the Matter Of:                First Report of the Assembly Committee on Appointments on the Vetting of Nakuru Executive Committee Nominees; County Public Service Board Members and the County Secretary

and

In the Matter Of:                alleged contravention of articles 2, 3, 10(2) (c), 43, 47, 174, and 258(1) of the Constitution of Kenya, 2010

and

In the Matter Of:                Alleged Contravention and/or Apprehended Contravention of Fundamental Rights and Freedoms under Articles 10, 43 and 47(1) of the Constitution of Kenya

and

In The Matter Of:                Alleged Contravention Of Sections 35 and 58 of the County Governments Act; and Contravention of Section 7 of the Public Appointments (Parliamentary Approval) Act

BETWEEN:

JOHN KIPNG’ENO KOECH ……………………………..…………………………………………… PETITIONER

VERSUS

THE NAKURU COUNTY ASSEMBLY COMMITTEE ON

APPOINTMENTS………………………………………………………………………………………..1ST RESPONDENT

THE SPEAKER OF THE NAKURU COUNTY ASSEMBLY………………………….2ND RESPONDENT

NAKURU COUNTY ASSEMBLY………………………………………………………………….3RD RESPONDENT

THE HONOURABLE ATTORNEY GENERAL…….………………….…………….… 4TH RESPONDENT

 

AFFIDAVIT

I, JOHN KIPNGENO KOECH, resident of Nakuru County within the Republic of Kenya and of Post Office Box Number 15142 – 20100, Nakuru in the said Republic do hereby make oath and state as follows:

1.      THAT I am a male adult of sound mind and the Applicant in matter herein with the knowledge of the facts attending to this case hence competent to swear this Affidavit.

2.      THAT I am a Kenyan citizen holder of ID No. 5452991 and a registered voter of Nakuru County within the Republic of Kenya, holder of voter’s card number 0034271211221907-9. I attach hereto and mark JKK-1 and JKK-2 true copies of the National Identity Card and Voter’s Card respectively.

3.      THAT I have read and understood the contents of the Petition herein and swear this affidavit in verification thereof.

4.      THAT on 28th May, 2013, the 2nd Respondent considered and adopted the First Report of the Assembly Committee on Appointments on the Vetting of Nakuru Executive Committee Nominees; County Public Service Board Members and the County Secretary prepared by the 1st Respondent which recommended that the nominees forwarded by the Governor of Nakuru must not be recommended for appointment to the Nakuru County Executive Committee and the County Public Service Board.

5.      THAT these proceedings are intent on challenging decisions allegedly made by the 1st Respondent as contained in the First Report of the Assembly Committee on Appointments on the Vetting of Nakuru Executive Committee Nominees; County Public Service Board Members and the County Secretary dated 28th May, 2013 purporting to reject the nomination of nine Applicants to the Nakuru County Executive Committee and the County Public Service Board on grounds of not meeting the required constitutional and statutory vetting threshold. I attach hereto and mark JKK-3 a true copy of the Vetting Report.

6.      THAT the 1st Respondent ironically, after vetting on the nominees, failed to meet the required legal standard set out in law in basing its decision on non-existent vetting criteria. The 1st respondent considered such reasons as:

    1. In the case of Prof. Mary Kariuki, nominee for Lands, Physical Planning and Housing; that she did not present an affidavit to ascertain that her three names as appearing in the certificates referred to one person;
    2. In the case of Dr. Stanley Kimaiwa Chepkwony, nominee for Agriculture, Livestock and Fisheries; that he he had not been interviewed for the position he had been nominated to serve;
    3. Dr. Julius Ogeto, nominee for Health; that he lacked vision and passion; and
    4. Pollyne Anyango Awoko, nominee for Information Communication Technology and Government; that she was very theoretical,

among other reasons.

7.      THAT in essence, the 1st Respondent purported to vet out the nine nominees on grounds which are not supported by any law. I attach hereto and mark JKK-4 and JKK-5 true copies of the County Government Act No. 17 of 2012 and the Public Appointments (Parliamentary Approval) Act No. 33 of 2011 respectively.

8.      THAT grounds such as nominees’ ‘lack of passion for the job relied’ on by the 1st Respondent as a basis for vetting of the nominees are not founded in law and are to the same extent unconstitutional as they violate Articles 10 and Chapter 11 of the Constitution of Kenya, 2010.

9.      THAT the Vetting Report did not lay down any specific allegations.  The allegations spelt out were ambiguous and alluded to that were not defined in law.

10.  THAT the Petitioner’s claim Respondents’ decision to direct the rejection of nominees to the County Executive Committee and the County Public Service Board is allegedly unconstitutional for alleged:

a.       depriving of the Petitioner of its right to the protection of its interest and rights under the County Government as guaranteed under Articles 6, and Chapter 11 of the Constitution of Kenya, 2010;

b.      breaching the mandatory fiduciary duty in article 3(1) of the Constitution of Kenya on the Respondents to respect and uphold the Constitution of Kenya;

c.       breaching the mandatory national values and principles of governance in article 10(2) (c) of the Constitution of Kenya on the Respondent to observe good governance, integrity, transparency and accountability;

d.      depriving the nominees to a lawful and procedurally fair administrative action in breach of article 47(1) of the Constitution of Kenya;

e.       placing at risk the Petitioner’s rights and freedoms as guaranteed under Article 43 of the Constitution of Kenya, 2010.

 

11.  THAT the rejection of nominees has led to stalling of operations at the County Government level as the Governor of Nakuru County cannot fully exercise his executive authority as the four sworn in members do not meet the quorum as required under Section 41(2) of the County Government Act. The Provision requires the quorum to be more than one-half of the membership. This means that provision of services by the County Government has also degenerated.

12.  THAT I am advised by Prof. Tom Ojienda, SC from Odhiambo & Odhiambo Advocates which firm is on record for the Petitioner and I conscientiously believe the same to be true that the County Assembly Committee on Appointment acted unconstitutionally in so far as they made a recommendations for the rejection of nine nominees to positions in the County Executive Committee and the County Public Service Board without following the constitutional and statutory provisions on vetting. The recommendations in the Vetting report threaten to violate the fundamental rights and freedoms of not only the nominees and the Petitioner, but also the residents of Nakuru County.

13.  THAT the Petitioner’s Advocates on record advise me that the Committee on Appointments acted in disregard of the Rules of natural justice and therefore the violation of the said rules makes the decisions void.

14.  THAT this Petition is meritorious and has been brought without unreasonable delay.

15.  THAT it is therefore in the interest of fairness and justice that this Honourable court grants the Applicant the reliefs as prayed.

16.  THAT what is deposed herein is true to the best of my knowledge information and belief save where otherwise stated in which case the source and grounds of belief are disclosed.

SWORN by the said JOHN KIPNG’ENO KOECH    }…………………………………….

AT NAKURU this                 day of         2013                      }       ID NO. 5452991

                                                                                    }

                                                                                    }

                                                                                    }

BEFORE ME:                                                            }

                                                                                    }

                                                                                    }

                                                                                    }

                                                                                    }

COMMISIONER FOR OATHS                                  }

 

DRAWN & FILED BY:

ODHIAMBO & ODHIAMBO ADVOCATES,

WESTSIDE MALL,

NAKUMATT BUILDING, 2ND FLOOR

P. O. BOX 15142 – 20100

NAKURU

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAKURU

PETITION NO.          OF 2013

In the Matter Of:                Articles 1, 2, 3 (1), 6, 10, 12(1), 19, 20, 21, 22, 23 (1) & (3), 35, 43, 47(1), 48, 160(1), 165(3) (b), 174, 175, 176, 178, 179 183, 191 and 258(1) of the Constitution of Kenya, 2010

and

In the Matter Of:                Rules 11, 12, 13, 20 and 21 of the Constitution of Kenya (Supervisory Jurisdiction and Protection of Fundamental Rights and Freedoms of the Individual) High Court Practice and Procedure Rules, 2006

and

IN THE MATTER OF:           Sections 8, 31, 35, 36, 41, 44, 56, 57, 58 Of The County Governments Act No. 17 OF 2012, Laws Of Kenya;

and

IN THE MATTER OF:           Sections 3, 4, 6, 7, 8, 9 10 and the Schedule to The Public Appointments (Parliamentary Approval) Act No. 33 Of 2011, Laws Of Kenya

and

In the Matter Of:                Standing Order Numbers 14, 42, 175, 177, 178, 180 And 185 Of the Interim County Government Standing Orders

and

In the Matter Of:                First Report of the Assembly Committee on Appointments on the Vetting of Nakuru Executive Committee Nominees; County Public Service Board Members and the County Secretary

and

In the Matter Of:                alleged contravention of articles 2, 3, 10(2) (c), 43, 47, 174, and 258(1) of the Constitution of Kenya, 2010

and

In the Matter Of:                Alleged Contravention and/or Apprehended Contravention of Fundamental Rights and Freedoms under Articles 10, 43 and 47(1) of the Constitution of Kenya

and

In The Matter Of:                Alleged Contravention Of Sections 35 and 58 of the County Governments Act; and Contravention of Section 7 of the Public Appointments (Parliamentary Approval) Act

BETWEEN:

JOHN KIPNG’ENO KOECH ……………………………..…………………………………………… PETITIONER

VERSUS

THE NAKURU COUNTY ASSEMBLY COMMITTEE ON

APPOINTMENTS………………………………………………………………………………………..1ST RESPONDENT

THE SPEAKER OF THE NAKURU COUNTY ASSEMBLY………………………….2ND RESPONDENT

NAKURU COUNTY ASSEMBLY………………………………………………………………….3RD RESPONDENT

THE HONOURABLE ATTORNEY GENERAL…….………………….…………….… 4TH RESPONDENT

 

CHAMBER SUMMONS

(Under Articles 3(1), 22(1) and 23(f) of the Constitution of Kenya; Rules 11, 12, 13, 20 and 21 of the Constitution of Kenya (Supervisory Jurisdiction and Protection of Fundamental Rights and Freedoms of the Individual) High Court Practice and Procedure Rules, 2006; Section 3A of the Civil Procedure Act; and all enabling provisions of the law)

 

LET ALL PARTIES CONCERNED attend the Honourable Judge in Chambers on the ……………day of……………………….at 9 o’clock in the forenoon or soon thereafter when counsel for the Petitioner/Applicant may be heard on an application for orders:

(a)  THAT this Application be certified extremely urgent and be heard ex parte at the first instance.

(b)  THAT pending the hearing and determination of this Application inter partes, conservatory orders do issue staying the decision of the Respondents to, reject the nomination of: Prof. Mary Kariuki; Dr. Julius Ogeto; Pollyne Anyango Owoko; Dr. Stanley K. Chepkwony; Joseph Kosgei Tonui; and Mary Wanjiru Waiganjo as members of the Nakuru County Executive Committee as  contained First Report of the Assembly Committee on Appointments on the Vetting of Nakuru Executive Committee Nominees; County Public Service Board Members and the County Secretary dated 28th May, 2013;

(c)   THAT pending the hearing and determination of this Application, conservatory orders do issue staying the decision of the Respondents to, reject the nomination of: Prof. Mary Kariuki; Dr. Julius Ogeto; Pollyne Anyango Owoko; Dr. Stanley K. Chepkwony; Joseph Kosgei Tonui; and Mary Wanjiru Waiganjo as members of the Nakuru County Executive Committee as  contained First Report of the Assembly Committee on Appointments on the Vetting of Nakuru Executive Committee Nominees; County Public Service Board Members and the County Secretary dated 28th May, 2013;

(d)  THAT pending the hearing and determination of this Application, conservatory orders do issue staying the decision of the Respondents to reject the nomination of: James Kiongi Mwaura; Peter Muriithi Mwarania; and J.M. Mogosi as members of the Nakuru County Public Service Board as  contained First Report of the Assembly Committee on Appointments on the Vetting of Nakuru Executive Committee Nominees; County Public Service Board Members and the County Secretary dated 28th May, 2013;

(e)  THAT pending the hearing and determination of this Application, conservatory orders do issue staying the decision of the Respondents to reject the nomination of: James Kiongi Mwaura; Peter Muriithi Mwarania; and J.M. Mogosi as members of the Nakuru County Public Service Board as  contained First Report of the Assembly Committee on Appointments on the Vetting of Nakuru Executive Committee Nominees; County Public Service Board Members and the County Secretary dated 28th May, 2013;

(f)    THAT pending the hearing and determination of this Application inter partes, the 2nd Respondent be compelled to supply the Petitioner herein with copies of the Nakuru County Assembly Hansard containing proceedings of the County Assembly where it debated the approval and/or rejection of Nakuru County Executive Committee and County Public Service Board nominees;

(g)  Costs of and incidental to this Petition; and

(h)  Any other order that this Honourable court deems fit and just to grant in the circumstances.

WHICH APPLICATION is premised on the following grounds:

a.        THAT the 1st and 2nd Respondents failed to appreciate the existing statutory and constitutional provisions of law on vetting of candidates for public positions and were guided by irrelevant considerations in rejecting the nominees.

b.      THAT the Vetting Report forwarded to the County Assembly by the 1st Respondent is plagued with inconsistencies and clear violations of legal vetting principles particularly as regards Sections 35 and 58 of the County Governments Act and Section 7 of the Public Appointment (Parliamentary Approval Act).

c.       THAT Section 35 in giving criteria for consideration for appointment to the County Executive Committee, is very clear the County Assembly is to be guided by: the two-thirds gender rule, representation of minorities, and community and cultural diversity.

d.      THAT further, the person must also be: a Kenyan citizen; a holder of at least a first degree from a university recognized in Kenya; satisfies the requirements of Chapter Six of the Constitution; and has knowledge, experience and a distinguished career of not less than five years in the field relevant to the portfolio of the department to which the person is being appointed.

e.       THAT the rejection of the nominees on baseless grounds is a breach of constitutional principles as enriched under Article, 3, 6, 10, 43, and 47 of the Constitution of Kenya 2010.

f.        THAT the rejection of the nominees was premised on a clear violation of rules of natural justice since the 2nd Respondent sat through her own decision refusing to introduce the subject of vetting of nominees to the floor of the County assembly for approval vide the proper channel of law as provided Paragraph 14 of the Interim county Assembly standing Orders.

g.       THAT the rejection of nominees has led to stalling of operations at the County Government level as the Governor of Nakuru County cannot fully exercise his executive authority as the four sworn in members do not meet the quorum as required under Section 41(2) of the County Government Act. The Provision requires the quorum to be more than one-half of the membership. This means that provision of services by the County Government has also degenerated.

h.      THAT the vetting process of the nominees, and the decision emanating therefrom, was unprocedural, misinformed, unfair, unreasonable, and lacks any sound legal reasoning.

i.         THAT Article 35 of the Constitution of Kenya 2010 guarantees the right of every citizen to information held by the state; and information held by another person and required for the exercise or protection of any right or fundamental freedom.

AND grounds on the annexed affidavit of JOHN KIPNG’ENO KOECH filed herewith and upon such other and further grounds as may be adduced at the hearing hereof.

DATEDat NAKURU this                                                     day of                                                        2013

ODHIAMBO & ODHIAMBO ADVOCATES

ADVOCATES FOR THE PETITIONER

DRAWN & FILED BY:

ODHIAMBO & ODHIAMBO ADVOCATES,

WESTSIDE MALL,

NAKUMATT BUILDING, 2ND FLOOR

P. O. BOX 15142 – 20100

NAKURU

TO BE SERVED UPON

1.      The Nakuru County Assembly Committee on Appointments,           

Nakuru

 

2.      The  Speaker of the Nakuru County Assembly,

Nakuru

 

3.      The Honourable Attorney General,

State Law Office,

Sheria House,

Nairobi                                   “If any party served does not appear at the time and place above-mentioned such orders will be made and proceedings taken as the court may think just and expedient”

 

 

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAKURU

PETITION NO.          OF 2013

In the Matter Of:                Articles 1, 2, 3 (1), 6, 10, 12(1), 19, 20, 21, 22, 23 (1) & (3), 35, 43, 47(1), 48, 160(1), 165(3) (b), 174, 175, 176, 178, 179 183, 191 and 258(1) of the Constitution of Kenya, 2010

and

In the Matter Of:                Rules 11, 12, 13, 20 and 21 of the Constitution of Kenya (Supervisory Jurisdiction and Protection of Fundamental Rights and Freedoms of the Individual) High Court Practice and Procedure Rules, 2006

and

IN THE MATTER OF:           Sections 8, 31, 35, 36, 41, 44, 56, 57, 58 Of The County Governments Act No. 17 OF 2012, Laws Of Kenya;

and

IN THE MATTER OF:           Sections 3, 4, 6, 7, 8, 9 10 and the Schedule to The Public Appointments (Parliamentary Approval) Act No. 33 Of 2011, Laws Of Kenya

and

In the Matter Of:                Standing Order Numbers 14, 42, 175, 177, 178, 180 And 185 Of the Interim County Government Standing Orders

and

In the Matter Of:                First Report of the Assembly Committee on Appointments on the Vetting of Nakuru Executive Committee Nominees; County Public Service Board Members and the County Secretary

and

In the Matter Of:                alleged contravention of articles 2, 3, 10(2) (c), 43, 47, 174, and 258(1) of the Constitution of Kenya, 2010

and

In the Matter Of:                Alleged Contravention and/or Apprehended Contravention of Fundamental Rights and Freedoms under Articles 10, 43 and 47(1) of the Constitution of Kenya

and

In The Matter Of:                Alleged Contravention Of Sections 35 and 58 of the County Governments Act; and Contravention of Section 7 of the Public Appointments (Parliamentary Approval) Act

BETWEEN:

JOHN KIPNG’ENO KOECH ……………………………..…………………………………………… PETITIONER

VERSUS

THE NAKURU COUNTY ASSEMBLY COMMITTEE ON

APPOINTMENTS………………………………………………………………………………………..1ST RESPONDENT

THE SPEAKER OF THE NAKURU COUNTY ASSEMBLY………………………….2ND RESPONDENT

NAKURU COUNTY ASSEMBLY………………………………………………………………….3RD RESPONDENT

THE HONOURABLE ATTORNEY GENERAL…….………………….…………….… 4TH RESPONDENT

 

SUPPORTING AFFIDAVIT

I, JOHN KIPNGENO KOECH, resident of Nakuru County within the Republic of Kenya and of Post Office Box Number 15142 – 20100, Nakuru in the said Republic do hereby make oath and state as follows:

1        THAT I am a male adult of sound mind and the Applicant in matter herein with the knowledge of the facts attending to this case hence competent to swear this Affidavit.

2        THAT I am a Kenyan citizen holder of ID No. 5452991 and a registered voter of Nakuru County within the Republic of Kenya, holder of voters Elector’s Card number 0034271211221907-9 I attach hereto and mark JKK-1 and JKK-2 true copies of the National Identity Card and Voter’s Card respectively.

3        THAT I have read and understood the contents of the Petition herein and swear this affidavit in verification thereof.

4        THAT on 28th May, 2013, the 2nd Respondent considered and adopted the First Report of the Assembly Committee on Appointments on the Vetting of Nakuru Executive Committee Nominees; County Public Service Board Members and the County Secretary prepared by the 1st Respondent which recommended that the nominees forwarded by the Governor of Nakuru must not be recommended for appointment to the Nakuru County Executive Committee and the County Public Service Board.

5        THAT these proceedings are intent on challenging decisions allegedly made by the 1st Respondent as contained in the First Report of the Assembly Committee on Appointments on the Vetting of Nakuru Executive Committee Nominees; County Public Service Board Members and the County Secretary dated 28th May, 2013 purporting to reject the nomination of nine Applicants to the Nakuru County Executive Committee and the County Public Service Board on grounds of not meeting the required constitutional and statutory vetting threshold. I attach hereto and mark JKK-3 a true copy of the Vetting Report.

6        THAT the 1st Respondent ironically, after vetting on the nominees, failed to meet the required legal standard set out in law in basing its decision on non-existent vetting criteria. The 1st respondent considered such reasons as:

(a)  In the case of Prof. Mary Kariuki, nominee for Lands, Physical Planning and Housing; that she did not present an affidavit to ascertain that her three names as appearing in the certificates referred to one person;

(b)  In the case of Dr. Stanley Kimaiwa Chepkwony, nominee for Agriculture, Livestock and Fisheries; that he he had not been interviewed for the position he had been nominated to serve;

(c)   Dr. Julius Ogeto, nominee for Health; that he lacked vision and passion; and

(d)  Pollyne Anyango Awoko, nominee for Information Communication Technology and Government; that she was very theoretical,

among other reasons.

7        THAT in essence, the 1st Respondent purported to vet out the nine nominees on grounds which are not supported by any law. I attach hereto and mark JKK-4 and JKK-5 true copies of the County Government Act No. 17 of 2012 and the Public Appointments (Parliamentary Approval) Act No. 33 of 2011 respectively.

8        THAT grounds such as nominees’ ‘lack of passion for the job relied’ on by the 1st Respondent as a basis for vetting of the nominees are not founded in law and are to the same extent unconstitutional as they violate Articles 10 and Chapter 11 of the Constitution of Kenya, 2010.

9        THAT the Vetting Report did not lay down any specific allegations.  The allegations spelt out were ambiguous and alluded to that were not defined in law.

10   THAT the Petitioner’s claim Respondents’ decision to direct the rejection of nominees to the County Executive Committee and the County Public Service Board is allegedly unconstitutional for alleged:

f.        depriving of the Petitioner of its right to the protection of its interest and rights under the County Government as guaranteed under Articles 6, and Chapter 11 of the Constitution of Kenya, 2010;

g.       breaching the mandatory fiduciary duty in article 3(1) of the Constitution of Kenya on the Respondents to respect and uphold the Constitution of Kenya;

h.      breaching the mandatory national values and principles of governance in article 10(2) (c) of the Constitution of Kenya on the Respondent to observe good governance, integrity, transparency and accountability;

i.         depriving the nominees to a lawful and procedurally fair administrative action in breach of article 47(1) of the Constitution of Kenya;

j.         placing at risk the Petitioner’s rights and freedoms as guaranteed under Article 43 of the Constitution of Kenya, 2010.

 

11   THAT the rejection of nominees has led to stalling of operations at the County Government level as the Governor of Nakuru County cannot fully exercise his executive authority as the four sworn in members do not meet the quorum as required under Section 41(2) of the County Government Act. The Provision requires the quorum to be more than one-half of the membership. This means that provision of services by the County Government has also degenerated.

12   THAT I am advised by Prof. Tom Ojienda from Odhiambo & Odhiambo Advocates which firm is on record for the Petitioner and I conscientiously believe the same to be true that the County Assembly Committee on Appointment acted unconstitutionally in so far as they made a recommendations for the rejection of nine nominees to positions in the County Executive Committee and the County Public Service Board without following the constitutional and statutory provisions on vetting. The recommendations in the Vetting report threaten to violate the fundamental rights and freedoms of not only the nominees and the Petitioner, but also the residents of Nakuru County.

13   THAT the Petitioner’s Advocates on record advise me that the Committee on Appointments acted in disregard of the Rules of natural justice and therefore the violation of the said rules makes the decisions void.

14   THAT this Petition is meritorious and has been brought without unreasonable delay.

15   THAT it is therefore in the interest of fairness and justice that this Honourable court grants the Applicant the reliefs as prayed.

16   THAT what is deposed herein is true to the best of my knowledge information and belief save where otherwise stated in which case the source and grounds of belief are disclosed.

SWORN by the said JOHN KIPNG’ENO KOECH    }…………………………………….

AT NAKURU this                 day of         2013                      }       DEPONENT

                                                                                    }

                                                                                    }

                                                                                    }

BEFORE ME:                                                            }

                                                                                    }

                                                                                    }

                                                                                    }

                                                                                    }

COMMISIONER FOR OATHS                                  }

 

DRAWN & FILED BY:

ODHIAMBO & ODHIAMBO ADVOCATES,

WESTSIDE MALL,

NAKUMATT BUILDING, 2ND FLOOR

P. O. BOX 15142 – 20100

NAKURU

Justice Emukule’s Verdict Summarised
in
John Kipng’eno Rotich a Nakuru Town East constituency voter)
Versus
THE NAKURU COUNTY ASSEMBLY COMMITTEE ON
APPOINTMENTS………………………………………………………………………………………..1ST RESPONDENT
THE SPEAKER OF THE NAKURU COUNTY ASSEMBLY………………….………2ND RESPONDENT
NAKURU COUNTY ASSEMBLY………….………………………………………………………3RD RESPONDENT
THE HONOURABLE ATTORNEY GENERAL…….………………….……..……..… 4TH RESPONDENT
CERTIFICATE OF URGENCY
IT IS HERBY ORDERED THAT
!. Pending the hearing and determination of this application inter partes, conservatory orders are issued staying the decision of the respondents to reject the nomination of
For the County Executive Committee positions:
a. Prof. Mary Kariuki
b. Dr. Julius Ogeto
c. Pollyne Anyango Owoko
d. Dr. Stanley K. Chepkwony
e. Joseph Kosgei Tonui
f. Mary Wanjiru Waiganjo
For the County Public Service Board positions:
g. James Kiongi Mwaura
h. Peter Muriithi Mwarania
i. J.M. Mogosi
2. Pending the hearing and determination of this application inter partes, conservatory orders are issued staying the decision of the respondents to reject the nomination of the 2nd respondent is compelled to supply the petitioner herein with copies of the Nakuru county Assembly Hansard containing proceedings of the County Assembly where it debated the approval and/or rejection of Nakuru County Executive Committee and County Public Service Board nominees.
Given under my hand and the seal of this Honorable Court
The 13th Day of June 2013
Hon Judge A. Emukule
Issued at Nakuru the 13th Day of June 2013
DEPUTY REGISTRAR LAW COURTS AT NAKURU
PENAL NOTICE
“Any person served with this order and disobeys the same, shall be liable to imprisonment for a term not less than six months and/sequestration of his property”.

 

Tags:

Leave a Reply

Your email address will not be published. Required fields are marked *

FEATURED LOCAL NEWS

Youth Killed in Sh 50 Brawl

A youth who stabbed another to death during a brawl over Sh 50 has gone into hiding. Nakuru police have as a result launched a…

Read more »

TAGS

An adventure/travel story Visiting Lake Nakuru National Park Safari ANNOUNCEMENT OF NAKURU 'CABINET' AND PSB DUE 'ANY TIME FROM NOW'. BUSINESS MAGNATE KABAGE PETITIONS KIUNA NJORO MP WIN Cord Fails To File Petition DECISION-MAKING TIME WHO IS IN WHO IS OUT? @ NAKURU GOVERNMENT TODAY Dennis Itumbi DROPPED BY COUNTY ASSEMBLY OF NAKURU FIRST SESSION FIRST REPORT OF THE ASSEMBLY COMMITTEE ON APPOINTMENTS ON THE VETTING OF NAKURU COUNTY EXECUTIVE COMMITTEE NOMINEES; COUNTY PUBLIC SERVICE BOARD MEMB Electronic Single Window System (ESWS) to boost trade in Nakuru FULL PRESS STATEMENT READ BY NAKURU CHRISTIAN FORUM LEADERS Gideon Moi graft HOW NAKURU MPS ARE PERFORMING SO FAR ICC: UhuRuto case Belgian judge withdraws from President Kenyatta/Deputy President Ruto cases at ICC citing apparent prosecutorial misconduct IEBC Itumbi Accused of Hacking IEBC Server James Orengo Jubilee Jubilee Supporters Seek Supreme Court Interpretation On Rejected Votes Justice and Reconciliation Commission’s explosive report on past injustices Kanu Kanu Enters Post Election Deal With TNA Kenya's truth report: Killings Kenya: UN Human Rights Monitoring Team Praises Kenya for Successful Election Process land grabs MP LOSER FILES PETITION AGAINST EX-POWERFUL PS ZAKAYO CHERUIYOT Mutula Kilonzo Naivasha Naivasha OCPD-Charles Kortok NAKURU'S FIRST CABINET UNVEILED BY GOVERNOR MBUGUA NAKURU COUNTY CABINET VETTING KICKS OFF Nakuru County Headquarters Nakuru County News Online Nakuru Gets a New County Police Commander Nakuru Town Hall NAROK GOVERNOR'S RACE BATTLE GOES TO NAKURU HIGH COURT OGW) DURING THE OFFICIAL OPENING OF AN ICT PHOTOGRAPHIC EXHIBITION ON Potato Growing Counties Launch Joint Initiative Raila Raila’s Team Wants IEBC Adverts Stopped Safaricom inks U.S. $1.2 million dollar technology deal with G.E. SPEECH BY THE NAKURU COUNTY GOVERNOR KINUTHIA MBUGUA (CBS THE FULL LIST OF THOSE ABOUT TO BE NOMIATED NAKURU COUNTY ASSEMBLY MCAs Threats over Truth TNA WHO'S WHO IN NAKURU COUNTY GOVERNMENT THE CABINET MINISTER FOR PUBLIC SERVICE Molo born entrepreneur/media personality Ms Pollyne Owoko

Kinuthia Mbugua Swearing in Ceremony at Afraha