NAKURU COUNTY EXECUTIVE APPOINTMENTS CONSTITUTIONAL PETITION ORDERS 1. Justice Mathew Anyara Emukule upheld the doctrine of Separation of Powers and institutions. In doing that, he held that The Nakuru County Assembly acted within the law in rejecting the nominees presented to them after vetting. 2. The County Assembly conducted its business within the stipulated timeline. This was in response to the position that the Assembly had delayed in submitting the report and as such the nominees stood as having been duly appointed by operation of the law. 3. The Judge ruled that the Mr Motari was not recruited through a competitive process and as such, he shall only remain in office in an acting capacity pending competitive and transparent recruitment process and appointing of substantive office holder. 4. The Governor was ordered to submit a fresh list to the Assembly for vetting. Here, the Judge said that the governor is free to submit even the names that had been previously rejected. ( LSK and County Assembly had wanted an order barring the Governor from presenting the names that were originally rejected by the assembly. While making this ruling on position of LSK and Assembly, the judge argued that the County Executive Members recruitment do not fall under the contemplated rules of the Public Service Appointment Act. As such he gave the Governor chance to include names of earlier rejected nominees. He however said they ( Executive Nominees) must meet the criteria set out in the fitness of the Public office Holders.
Posted on: Fri, 27 Sep 2013 06:16:38 +0000
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