Bomet County Governor Hillary Barchok has been handed a reprieve by the Employment and Labour Relations Court in efforts to complete the formation of his cabinet.
It follows the withdrawal of a petition by a member of the public Mr Mustafa Otieno Ochieng, who was challenging the appointment of the County Secretary, County Executive Committee (CEC) members and the Chief Officers.
The court has subsequently cleared the Governor, who is serving his second and last term in office, to appoint and swear into office 12 of his cabinet members following approval by the county assembly.
However, the main petition challenging the legality of the appointments on gender, regional balance and people with disabilities will proceed before the court.
In effect, though the nominees can be sworn into office, their appointment could be nullified should it be proved that it was in violation of the constitution and the law.
Nairobi based lawyers Mr Collins Sang and Mr Dancun Kiprono appearing for the petitioner informed Justice David Nderitu that they wished to withdraw the application filed on December 6, which had sought conservatory orders on appointment and swearing into office of the 12 officers.
Justice Nderitu issued temporary orders last week barring the county from swearing in the officers until the case is heard and determined. But the orders have now been discharged by the court.
“When we were in court last week, your Lordship, you directed that we (parties involved) engage in dialogue. We have engaged in a series of dialogue and partially agreed on the matter,” Mr Kiprono informed the court on Wednesday.
Mr Kiprono stated, “We wish to discontinue with the application, and the interim orders of the court be discharged and the first and second respondents (County government of Bomet and the Governor) can proceed to appoint and swear the interested parties – CS, CECs and COs – to office).
Nakuru based advocate Bernard Kipkoech Ngetich appearing for Professor Barchok and the County Government, Haron Ng’eno for the County Assembly and Mr Desmond Leteipa appearing for the County Public Service Board confirmed to the Judge that indeed a consent had been entered between all the parties on the matter.
As a result, the appointment and swearing in of the CS, CECs and COs can now proceed after they were vetted and approved by the county assembly as required in law.
The petitioner has cited the skewed nomination, the right to inclusivity, non-ethnic marginalization and non-discrimination as reasons for moving to court.
Mr Ochieng stated that the nominees comprise 100 percent of members of the Kipsigis/Kalenjin community in what is detrimental to other tribes and communities residing in Bomet county.
“The composition of the 12 nominated for approval was after disregarding and ignoring other candidates who by dint of being shortlisted, were qualified and some would have been nominated to meet the constitutional dictate for regional balance, gender equality, youths and disabled persons,” states an affidavit sworn in court by the petitioner.
“The principles and values in the Constitution of Kenya are not just paper aspirations; it is the duty and province of the public institutions including courts of law to bring these values into the daily realities of Kenyans,” states Mr Sang in the court filings.
Justice Nderitu sitting in Nakuru granted the application for withdrawal of the application that had sought temporary orders barring swearing in of the officers until the case is heard and determined by the court.
“I have carefully listened to the counsels of the parties in the case. The application is marked withdrawn by way of consent, with no orders as to costs,” Justice Nderitu stated.
Justice Nderitu however granted the respondents (County Governor, Governor, County Assembly and County Public Service Board) 30 days to file their response in the main application, which remains unsettled.
The petitioners will thereafter have another 14 days to respond (he wishes) to the issues highlighted by the respondents on the petition, before the parties appear before the Judge for further orders on February, 8, 2023.
Justice Nderitu also encouraged the parties to embrace alternative dispute resolutions on the matter, if possible, before the court can delve into the issue.
Speaker of the County Assembly Cosmas Korir last week presided over the vetting of Medical Services and Health County Executive Committee member Dr Joseph Sitonik who has been nominated for the same docket that has been renamed Health Services.
Mr Joseph Kipngeno Kirui the CEC nominee for the Lands, Housing and Urban planning with Mr Erick Kipkoech Ngetich the nominee for the Public Works and Transport were vetted along with the County Secretary nominee Mr Simion Langat have also been vetted.
The nominees for the COs positions that have been vetted by the assembly are – Mr Erick Cheruiyot Langat (Devolution and Special Programs, Mr Paul Mutai Kipkemoi (Trade, Energy, Tourism, Investment and Industry), Mr Solomon Kimetto Kiprotich (Water, Sanitation, Environmental, Natural Resources and Climate Change, Dr Kibet Sitienei (Agriculture, Livestock and Fisheries), Mr Erick Chepkwony (Cooperatives Services).
The others are Ms Milcah Chepkoech (Finance, Economic Planning and Information Communication Technology (ICT), Ms Pauline Korir Chemutai (Gender Culture and Social Services) and Dr John Keter Kiprotich (Education and Vocational Training).
On Tuesday, the assembly approved the nominees for appointment after the various departmental committees tabled their suitability reports before the house.
The nominees are now expected to be sworn into office following the clearance by the court.
