Kiambu Deputy Governor James Nyoro wants the Employment and Labour Relations Court to lift orders barring him from effecting any changes in the county’s executive, arguing that it is hurting delivery of services.
In reply filed to a petition filed by a resident, Mr Nyoro, through lawyer Kibe Mungai, argues that there was nothing tabled in court to justify the orders, which were issued last week.
Justice Onesmus Makau barred Mr Nyoro from reshuffling any members of the county executive or any other chief officers.
DILIGENT
In an affidavit, Mr Nyoro said that he has been discharging his duties diligently since “I became the acting governor of Kiambu County” and as such, the order should be lifted to ensure the smooth operations in the county government.
He has also questioned the jurisdiction of the court to issue the order and the fact that there are two pending matters before the High Court over the same issue.
“In view of the foregoing, the proceedings herein should be stayed and the conservatory orders granted pending inter partes hearing,” Mr Mungai submitted.
SERVICE DELIVERY
Mr Nyoro said as the person acting, he requires sufficient legal capacity and scope to discharge his functions to ensure smooth service delivery, efficient governance and accountable administration.
“I am convinced that this would not be possible if, on the basis of contested interpretation of law, the courts decide to issue orders to hamstring the discharge of those functions,” he said in an affidavit.
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Mr Nyoro took over the running of the county after Governor Ferdinand Waititu was barred from accessing his office over corruption charges he is facing.
WAITITU BARRED
The court barred Mr Waititu from accessing the county offices, stating that the move does not amount to removal but is intended to ensure the integrity and credibility of the trial and also ensure that public interest is safeguarded.
Ms Marione Njeri Njoroge sued Mr Nyoro, claiming that he has made numerous irregular appointments and reshuffled the county executive members without any legal basis.
She said the deputy governor re-assigned Mr Francis Kigo Njenga from Finance and Trade docket, powers only exercised by the governor of the county service board.
Mr Mungai pointed out that it would be against judicial policy for the two cases to be adjudicated upon concurrently.
Justice Makau directed the case be heard on October 8.
