The High Court has dismissed a petition filed by a former Isiolo assembly member against Governor Mohammed Kuti.
Former Bulapesa MCA Moses Kithinji, through lawyer Kiogora Mugambi, accused Kuti of failing to comply with the Constitution, the Public Finance Management Act, the Integrity Act and the Public Procurement and Disposal Act in the hiring of 12 officials.
The court found that the submission by the former MCA that the county chief hired the officials without the input of County Public Service Board had no merit.
Judge Francis Gikonyo of the High Court in Meru struck out the petition, saying it was prematurely filed.
In a 23-page judgment, Gikonyo says the court lacks jurisdiction to hear the matter as other relevant avenues were left out.
“The petitioner did not exhaust all avenues set out by the Statutes before filing the petition. He ought to file a complaint before the Anti-graft watchdog before seeking a court audience,” the judge said.
He advised Kithinji to go to the Ethics and Anti-corruption Commission so they can conduct investigations.
“If these matters are not investigated, a party will always have recourse in court for appropriate orders,” Gikonyo said.
Kuti, through lawyer Ken Muriuki, had filed a preliminary objection, arguing the court had no jurisdiction to hear the matter because the issues raised were in the exclusive jurisdiction of other constitutional bodies.
Muriuki told the court the petition offends articles 181 (2) and 229 (7) (8) of the Constitution, section 33 of the County Government Act and section 4(20) and 41 (2) of the Leadership and Integrity Act.
“Article 229 (7) and (8) of the Constitution are couched in mandatory terms to the effect that it must be submitted in Parliament and county assembly and within three months debate and consider the report,” Muriuki said.