The Employment and Labour Relations Court blocked the vetting of James Gesami as Nyamira’s deputy governor which was scheduled for Friday.
The orders were granted after a resident Vincent Marita Omao moved to court under the certificate of urgency to challenge the nominations of Gesami a former West Mugirango constituency Member of Parliament, by Nyamira County Governor Amos Nyaribo on January 6,2021.
Justice Maureen Onyango issued the order stopping Nyamira county assembly from vetting the name of Gesami as the deputy governor pending the hearing of the case.
“That the respondents( Governor Nyaribo, county secretary, the county government of Nyamira, the speaker and the clerk) are hereby restrained from presenting the name of the Gesami to the Nyamira county assembly for vetting pending inter-partes hearing this application,” ordered Onyango.
The petitioner Marita had filed the case seeking orders that pending the hearing and determination of the application the court to grant an interim injunction restraining Nyamira county assembly from receiving,vetting or approving the name of Gesami submitted to it by Governor Nyaribo until the nomination are done in strict adherence of the constitution, the county government Act and other necessary relevant laws.
Marita also seeks an order quashing the decision by the Governor nominating Gesami.
He wants the court to issue an order compelling the Nyaribo, the clerk and speaker of the county to jointly carry out fresh nomination of candidate as the deputy governor for vetting and approval that is in compliance with the Constitution and the County Government Act.
At the same time the petitioner has also challenged the nomination of 10 people to be County Executive Committee Members (CECMs) that are also expected to be vetted and approved by the County Assembly that were appointed by the Nyaribo.
The petitioner argues that Nyaribo disregarded the constitution and the county government act in the nominations as he failed to appoint representatives from the sais special groups despite some of them having made applications and even stortlisted.
“That Nyaribo has proceeded and re-designed some applications to departments which they don’t qualify thus breaching the principal of competition, merit, accountability , equality and transparency,” reads the court papers.
Among them were Emily Moraa Ongaga, a daughter of the late Governor John Nyagarama who took Finance, ICT and Economic planning.
Jones Omwenga, who was dropped by the former governor late John Nyagarama, makes a comeback to head the Roads, Public Works and Development.
Public Service Management will be headed by Thomas Nyariki who has been serving as a Deputy County Secretary.
Environment, Water, Mining and Natural Resources will be managed by Thomas Ondieki while Trade, Industry, Tourism and Cooperative Development will be headed by Stephen Momanyi.
Gender, Sports, Culture and Social Services will be headed by Dr. Grace Nyamongo who was an aspirant for Nyamira County MP in the 2017 general elections, while Harrison Momanyi was proposed to take Education and Vocational Training docket.
According to the recent appointment only three CECs members out of 10 made it back to Governor Nyaribo’s cabinet.
The new charges comes after governor Nyaribo was sworn in as Nyamira County’s second governor in December 29 last year after the death of John Nyagarama and declared vacant the seats of the CECs members two days later.
The court has directed the case to be heard by Kisumu on January 20/1/2020.