High court freezes Bomet County cabinet appointments
Efforts by Bomet Governor Hillary Barchok to fully constitute his cabinet has received a setback with the high court putting a pause on it.
Justice David Nderitu of the Employment and Labour Relations Court has issued orders against the appointment and swearing in of the 12 County Executive Committee (CEC) members and Chief Officers at the county following a petition.
Justice Nderitu has directed that the orders will apply until the matter is heard and determined by the court following a petition by Mr Mustafa Otieno Ochieng on claims it does not meet the threshold on people with disabilities and, gender and regional balance.
However, the Judge asked the parties involved in the case to enter into dialogue and agree on the way forward on the matter before the court arrives at a judgement.
Justice Nderitu also directed the parties to submit their submissions by Tuesday and that the court will mention the matter on Wednesday.
The county assembly has vetted the CECs and COs and the list is expected to be tabled before the assembly on Tuesday and Wednesday.
In the case, the County Assembly was represented by advocate Haroun Ngeno, Mr Renny Langat represented Bomet Governor Hillary Barchok and County Government of Bomet, Mr Desmond Leteipa is appearing for County Public Service Board, while the petitioner is represented by A Nairobi based advocate Collins Langat.
Speaker of the County Assembly Cosmas Korir presided over the vetting of Medical Services and Health County Executive Committee member Dr Joseph Sitonik who has been nominated for the same docket that has been renamed Health Services.
Mr Joseph Kipngeno Kirui the CEC nominee for the Lands, Housing and Urban planning with Mr Erick Kipkoech Ngetich the nominee for the Public Works and Transport was being vetted at press time with the County Secretary candidate Simion Langat lined up for the interview.
The petitioner has cited the skewed nomination, the right to inclusivity, non-ethnic marginalization and non-discrimination as reasons for moving to court.
He has named the Governor Bomet County, the county government, County assembly and the County Public Service Board as respondents while the 12 nominees are listed as interested parties.
Mr Otieno has also submitted before the court that the list as transmitted to the assembly by Professor Barchok discriminated against women and disabled persons, contrary to the tenets of good governance as demanded by the constitution.
The nominees, the petitioner stated, comprise 100 percent of members of the Kipsigis/Kalenjin community in what is detrimental to other tribes and communities residing in Bomet county.
“The composition of the 12 nominated for approval was after disregarding and ignoring other candidates who by dint of being shortlisted, were qualified and some would have been nominated to meet the constitutional dictate for regional balance, gender equality, youths and disabled persons,” states an affidavit sworn in court by the petitioner.
“The principles and values in the Constitution of Kenya are not just paper aspirations; it is the duty and province of the public institutions including courts of law to bring these values into the daily realities of Kenyans,” states Mr Sang in the court filings.
The nominees for the COs positions are - Mr Erick Cheruiyot Langat (Devolution and Special Programs, Mr Paul Mutai Kipkemoi (Trade, Energy, Tourism, Investment and Industry), Mr Solomon Kimetto Kiprotich (Water, Sanitation, Environmental, Natural Resources and Climate Change, Dr Kibet Sitienei (Agriculture, Livestock and Fisheries), Mr Erick Chepkwony (Cooperatives Services).
The others are Ms Milcah Chepkoech (Finance, Economic Planning and Information Communication Technology (ICT), Ms Pauline Korir Chemutai (Gender Culture and Social Services) and Dr John Keter Kiprotich (Education and Vocational Training). BY DAILY NATION
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