Nakuru Governor Susan Kihika got a reprieve on Tuesday after the Court of Appeal suspended her sentencing by a Nakuru Court over contempt of court.
Governor Kihika was on March 21 found guilty of contempt of court for disobeying court orders that required her to undertake a fresh recruitment exercise of her 10 county executive committee members (CECs).
On Tuesday morning, she was set to appear before a Nakuru Employment and Labour Relations Court in person, for the sentencing, but instead, she was represented by her lawyer Tom Ojienda.
The Employment and Labour Relations Court was informed that the Court of Appeal had issued a temporary order staying the conviction, pending the hearing and determination of an appeal she has filed.
Through her lawyer, Ms Kihika informed the court that the orders were before the Deputy Registrar waiting to be signed.
“I wish to inform the court that my client has filed an appeal against her conviction and that the court yesterday granted us temporary orders staying the execution of the court decision issued on March 28,” said the lawyer.
Following the new development, Justice Hellen Wasilwa suspended the case until when the appeal is heard and determined.
“The matter cannot proceed today because of the appeal before the superior court. Any further action on the matter is stayed until the application before the court of appeal is determined,” ruled Justice Wasilwa.
In the case, Dr Benjamin Magare Gikenyi who successfully petitioned the court to declare the list of Governor Kihika’s nominees illegal and unconstitutional, moved back to court accusing her of disobeying the orders of December 5, 2022.
In the said orders, the court had quashed Ms Kihika’s initial list of 10 CEC nominees and ordered the governor to conduct a fresh recruitment process to fill the positions of the County Executives.
Dr Magare sought leave to institute contempt proceedings against the governor over her second appointment, which he said was not conducted in line with the court's directive.
And on March 21, the court agreed with Dr Magare to hold the governor in contempt of a court order and scheduled the sentencing for April 18.
However, governor Kihika filed an application before the superior court on March 28 seeking orders to stay the sentencing pending hearing and determination of the appeal.
Through Prof Ojienda, Ms Kihika told the appellate court judges Fatuma Sichale, Lydia Achode and Fred Ochieng, that the appeal will be rendered useless should the judges fail to stop the sentencing.
“My client has filed an appeal against her unlawful conviction which is challenging the jurisdiction of the court that convicted her. We urge the court to grant the stay orders to prevent rendering the appeal nugatory,” said Ojienda.
Appearing before the court virtually, Prof Ojienda lamented that his client risks being committed to a civil jail without being allowed to appeal her conviction.
He maintained that Governor Kihika had followed all the laid down procedures while making her second appointment which he intends to prove before the Court of Appeal.
The appeal was however opposed by Dr Gikenyi, the petitioner in the case who claimed the application was premature.
According to Dr Gikenyi, the appeal cannot be valid until the governor is sentenced.
“The notice of appeal is not valid. What is the governor appealing yet she has not been sentenced?" stated Dr Gikenyi.
Lawyer Kemboi Sirma who supported Dr Gikenyi’s submission added that the issues of jurisdiction were never raised before Ms Wasilwa.
