In Summary
  • Justice Kimondo said the nominees did not meet the requirements of section 35 (3) (d) of the County Government Act.
  • The assembly approved just one nominee on October 3, 2017, after the House adopted the vetting committee's recommendations. 
  • The governor was not amused so he vowed to resubmit the names and later returned the names of six rejected nominees.

The High Court in Kisumu on Thursday declared that nine County Executive Committee members nominated by Siaya Governor Cornel Rasanga did not meet requirements.

The judgement was delivered by Justice Kanyi Kimondo, who was part of a bench of three that heard the petition. The others were justices Jaden Thuranira and J. Onyiego.

REQUIREMENTS

Justice Kimondo said the nominees did not meet the requirements of section 35 (3) (d) of the County Government Act.

The law insists on knowledge, experience and a distinguished career of not less than five years in the field relevant to the portfolio of the department to which the person is being appointed.

The petitioners are Mrs Brenda Achieng Ongalo, Mr Isaac Okinyi and Mr James Anyiko who sued the Siaya assembly, Speaker George Okode, Governor Rasanga and the county government.

They wanted the court to declare the nomination of all 10 executives as “unconstitutional, null and void”.

Through their lawyer Aggrey Mwamu, they said the list of 10 members that was submitted to the assembly on September 18, 2017 violated the Constitution and statutes.

THE COMPLAINTS

The petitioners also sought a conservatory order barring Governor Rasanga from resubmitting the list and prohibiting the county assembly from receiving such nominees.

They further wanted the clerk of the assembly or the speaker restrained from re-submitting the list or receiving such nominees or any other name other than of people meeting requirements in line with the Constitution.

“For instance, three of the nominees hailed from the governor’s Alego Usonga Sub-county while two were his close relatives or associates from South Gem,” Mr Mwamu said.

The complainants also claimed that the list omitted the youth and persons living with disabilities.

Justice Kimondo said, "We find that the governor did not have the power or authority to resubmit the name of a candidate whose nomination had been rejected by the assembly unless the circumstances relied on for the rejection did not exist at the time."

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