Nakuru County Secretary Dr Samuel Mwaura.
Nakuru County Secretary Samuel Mwaura is facing a legal suit over the alleged creation of an illegal office in the lands department.
Mr Mwaura is accused of having through a circular dated October 31, 2023 created the position of Head of Physical Planning from the existing office of the Director of Physical Planning and Land Use.
He then appointed a new office bearer, thereby demoting the Director of Physical Planning Robert Kiprono to a physical planner position in Kuresoi North and South.
The petition was filed by Mr Adan Abdulahi against Dr Mwaura, the County Public Service Board, the County Attorney and the appointed Head of Physical Planning Justine Mayaka Nyaroo.
Unqualified for the role
Mr Kiprono has been listed as an interested party in the suit.
The petitioner claims Mr Mayaka has been signing documents and issuing communications while acting as the Director of Physical Planning and Land Use.
“The fourth respondent has usurped the functions of the interested party and signs documents ‘for’ the director, despite there being a substantive director,” states the petition.
Mr Abdulahi accuses the county secretary of overstepping his mandate by assigning the responsibilities of the Director of Physical Planning to Mr Mayaka.
According to Mr Abdulahi, Mr Mayaka who was promoted to Head of Physical Planning is unqualified for the role which is beyond the scope of his current job description within the county government.
Service delivery
He argues that the new arrangement undermines the structure of the department and will ultimately disrupt service delivery.
The petitioner emphasises that the position of Director of Physical Planning is crucial and must be filled through a competitive process.
“At the time of filing this petition, the unlawful deployment is still ongoing and the fourth respondent continues to perform illegal duties, including issuing approvals and officialcommunication intended for the substantive Director of Physical Planning,” said Mr Abdulahi.
The petitioner now seeks orders declaring the county secretary’s decision illegal and wants Mr Mayaka barred from performing duties reserved for the Director of Land and Physical Planning.
Justice James Rika directed that the matter be heard on May 15.
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