Kiambu Deputy Governor James Nyoro addressing a media conference on July 30, 2019. Photo/COURTESY.
NAIROBI, Kenya Oct 8 – Kiambu Deputy Governor James Nyoro has moved to court seeking to set aside orders barring from reshuffling the County Executive.
Appearing before Justice Onesmus Makau, Nyoro said the orders should be set aside pending the hearing and determination of two petitions before the constitutional and Human Rights Division of the High Court.
Through lawyer Kibe Mungai, Nyoro said that there is need to avoid two courts of co—equal jurisdiction making conflicting decisions and it is only fair and just that the proceedings are stopped.
“Nyoro is acting for the interest of the public and since Governor Ferdinand Waititu has been barred from entering office, what will happen if there are services required from that office,” the lawyer said.
He also added that the court lacks jurisdiction to hear the case because there are constitutional issues that need to be determined before the matter proceeds.
Mungai submitted that it is only a constitutional court that can interpret some sections of the law.
“I believe as the acting governor of Kiambu County that I require sufficient legal capacity and scope to discharge my functions to ensure smooth service delivery, efficient governance and accountable administration,” added Nyoro, who also argues that “There were no grounds whatsoever to grant conservatory orders before inter-partes hearing given that no evidence of proximate or imminent illegal action or has been tendered by Mariona Njeri a voter.”
He added that the conservatory orders made on September 25, 2019 should be set aside to ensure objective and fair inter-partes hearing.
Nyoro added that public interest is being prejudiced more by having the orders in force yet there is no prejudice that the petitioner stands to suffer if the orders were to be discharged.
He said that since the questions on the constitutionality and interpretation of section 32(4) and (5) of the County Governments Act,2012 and Article 179(5) of the constitution is pending before the High Court, there are no justifiable reasons to tie the hands of the acting Governor and prejudice public interest.
Voter Njeri in response said that the petition she filed before the court shows the illegality of the person purporting to act as deputy governor of Kiambu.
Through lawyer Nelson Masaviru, Njeri objected to the application by Nyoro to set aside the orders saying that he is acting out of his mandate as provided for under the County Government Regulations.
“Nyoro has violated the county government rules and regulations by nominating, appointing and dismissing county officers as those functions are meant for the Governor,” added Masaviru.
He submitted that Njeri is properly before the court and the court has a jurisdiction to interpret those sections of the constitution.
“By looking at the affidavits of the Deputy Governor, nothing new has been table to warrant the court to vary its orders,” said Masaviru.
He added that the court has been moved properly and setting aside the orders will be like allowing Nyoro to continue violating the constitution.
Ruling on jurisdiction and whether the orders will be set aside will be made on Friday next week.
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