Governor Susan Kihika faces legal battles that could derail her development agenda

Two months since she took office, Nakuru Governor Susan Kihika is under siege.

Her young administration is facing legal battles that political pundits say could undermine services.

Her bid to assemble her administration has run into headwinds after petitions were filed to stop the vetting of members of the County Executive Committee (CEC) that she nominated.

The vetting was scheduled to take place from November 14-17.

Governor Kihika’s latest hurdle came on Friday, when a Nakuru court barred the vetting of nominees for chief officer.

Employment and Labour Relations Court Judge David Nderitu issued orders stopping the vetting and or approval of 21 nominees for chief officers following a petition from Michael Oduor.

This comes just weeks after the vetting of 10 members nominated for the CEC was stopped by another court over claims that it failed to meet legal requirements.

In the latest suit, Mr Oduor, through lawyer Allan Kibet, named Governor Kihika, the Assembly Speaker and the County Public Service Board as respondents.

The 21 nominees for chief officer are named as interested parties in the case.

“Pending the hearing of this application inter-parties, or such further or other orders of this court, the County Assembly of Nakuru through the third respondent [Speaker] is restrained from considering, approving and or vetting the listed Chief Officers named by the Clerk, to the said County Assembly,” Justice Nderitu ordered on Friday.

The court also barred the nominated chief officers from taking up office or performing any work that should be performed by the holder of the respective offices.

Mr Oduor says there was prejudice and injustice in the interviewing, recommending and nominating of chief officers.

He accuses the governor, the County Public Service Board and the Speaker of engaging in illegalities by re-designating some of the chief officers for positions that they did not apply or were interviewed for.

The legal battles could harm Governor Kihika’s development agenda, said political analyst Jesse Karanja.

“The suits are a big blow to the governor, who is assembling her administration to begin delivering her promises to the people. It could derail her service delivery because she needs the county executive members as well as the chief officers to deliver her manifesto,” Mr Karanja said.

“Governor Kihika will have to apply diplomacy to settle the disputes and proceed to craft her administration. The court cases are a threat to her administration and service delivery.”

Last month, the labour court extended orders barring the Nakuru assembly from vetting nominees for Ms Kihika’s cabinet.

Justice Hellen Wasilwa on October 31 ruled that the orders issued on October 19 remain in force pending the hearing and determination of a case filed by Nakuru surgeon Benjamin Magare Gikenyi.

Dr Magare accused Governor Kihika of discrimination, arguing that the appointments were stewed and did not reflect the ethnic composition of the cosmopolitan county.

He claims the list is not ethnically balanced as it favours one community at the expense of the other 43 in the county.

Three Nakuru MCAs – Wajeff Wilson Mwangi, Stanley Karanja and Isabela Makori – were allowed to join the case as interested parties. They oppose Dr Magare’s petition on the grounds that it was prematurely filed in the court.

They claim the list of nominees should have been subjected to vetting in the assembly, which they argue has powers equal to those of the High court.

MCA Karanja argued that the petition contravenes the principle of separation of powers and that the court is usurping the powers of the county assembly.

The cases will be heard on November 15 and 17, respectively.

[email protected]