Nakuru Governor Susan Kihika has suffered a major blow in her bid to block a petition challenging the nomination of 21 people for chief officer positions.
Employment and Labour Relations Court Judge David Nderitu on Tuesday dismissed Governor Kihika’s application, saying it lacked merit.
The court directed that the petition proceed to a full hearing, where the issues submissions by both parties will be determined on merit.
"This court is properly in order to sit and hear the petitions which raise issues relating to employment and labour," ruled Justice Nderitu.
The petition was filed by Nakuru resident Stephen Michael Oduor, who challenged the list, describing it as unconstitutional.
Mr Oduor argued the process of identifying, interviewing and nominating the individuals contravened the law.
Through his lawyer, Allan Kibet, the petitioner claimed that some of the individuals were nominated for positions that they never applied and were not interviewed for.
He obtained court orders suspending the vetting of the nominees pending the hearing and determination of the petition.
He sued the governor, the County Public Service Board and the Speaker of the county assembly.
But the respondents in turn filed a preliminary objection seeking to have the petition dismissed, arguing that the labour court did not have jurisdiction to hear the matter.
Following the court’s decision, the governor will have to wait longer before appointing her chief officers.
