September 25, 2013/… The High Court in Nakuru has today declared the appointment of Nakuru County Executive members as illegal. Justice Enyara Amukule, sitting in Nakuru, barred the Nakuru County Governor Kinuthia Mbugua from appointing the officers who had previously been rejected by the Nakuru County Assembly Committee on Vetting and Appointments.
The case, ICPC and others vs. The Governor of Nakuru County, Petition 27 of 2013(separation of powers and Rule of Law in devolved System of governance), was filed in May at the High Court in Nakuru following an outcry of civil society organizations in the County on the manner in which the Nakuru governor sworn into office executive members who were initially rejected by the County Assembly Appointments and Vetting Committee.
The decision of the Governor was seen to go directly against the doctrine of separation of powers and independence of institutions. The rejection of the six nominees by the County Assembly saw several court petitions filed against the Governor’s decision to insubordinate the Assembly illegally.
But, it was the entry of ICPC into the controversy and the publicity that the matter attracted, that led to the governor rescinding his decision and degazetting the nominees. The county has therefore, in the last about six months been operating without a legally constituted Cabinet hence depriving the electorate of its rights to quality services.
Judge Amukule has ordered the governor to kick start a fresh process of competitive recruitment and constitution of the Executive committee. The County Secretary will be in office pending the competitive recruitment.
Governors like any other public official are expected to uphold the high standards of integrity, accountability and fidelity to the rule of law. The degree, to which the Nakuru County and all other Counties in the country will have professional, equitable, credible and efficient public administration, greatly depends on the integrity, effectiveness and credibility of the Governors and the County Public Service Boards.
If only the leaders in every facet of the country helped in upholding the laws of the land, then we will all be swimming towards the KENYA of our dreams. Governors and public officials, especially senior ones, taking a stand to uphold the law further strengthens the law. This singular act will definitely stand as a deterrent to anyone who intends violating the laws.