A Nakuru-based surgeon has expressed an intention to sue Governor Susan Kihika, a few days after she forwarded names of county ministers to the County Assembly for vetting.
In a letter dated December 8, Dr Magare Gikenyi, accuses the governor of forwarding a list similar to the one contested.
He argues that only a single person was changed from the previous list, claiming the governor did not follow the due process of advertising, interviewing, nominating, vetting and appointment.
“To my dismay, you have released a new list dated December 8, 2022, essentially the same as that of the last impugned (except one person) without following due process. One wonders how you arrived at the new list, yet the early processes led to the impugned list being questioned by the court. You have started from the nomination stage despite the fact that the court took issue with your processes leading to the nomination of CEC members,” Dr Gikenyi stated in the letter.
Dr Gikenyi and Mr Daniel Bett had previously sued the governor, disputing an earlier list that they said did not reflect the ethnic diversity of the cosmopolitan county.
On December 5, the Employment and Labour Relations Court in Nakuru issued orders quashing the appointment of the CECs.
The court directed Ms Kihika to initiate a proper legal process of filling the CEC positions as contemplated in the Constitution, the County Government Act, and all the enabling provisions of the law.
The order also prohibited the governor from processing the listed CECs or any other persons nominated in contravention of the law.
According to Dr Gikenyi, the issue of ethnic marginalization is not cured by essentially reproducing the initial list.
He says the court was clear that the process ought to be started again to address the shortcomings of the first recruitment.
“I formally protest the new list since it has failed to follow court directions of starting afresh and as such the same is taken as a failure on your part to respect court orders. Take this as notice of intention to sue to protect the authority of courts,” the letter adds.
In the second list, Ms Kihika replaced only one of the 10 nominees who has since been appointed to another position in the county.
In her previous nominations, Kihika had listed Dr Samwel Mwaura as the CECM in charge of Health, a position he had held at the county between 2013 and 2017 under Kinuthia Mbugua.
In her new list, Kihika dropped Dr Mwaura and retained Jacqueline Mong’ina Osoro at the department.
Legal experts have termed the changes as cosmetic and political, as they do not meet the constitutional threshold that had led the courts to quash the first list.
In the earlier appointments, Kihika had picked her 10 nominees from three communities; Kikuyus, Kalenjin and the Luo in a ratio of 7:2:1 respectively.
The new list is a weak attempt to tilt the scales through the nomination of Osoro who hails from the Kisii community, a minority group in the county, by taking one slot from the Kikuyu community who are the majority.
As a result, Dr Gikenyi has given Governor Kihika until today, Monday, December 12, 2022, to rescind her new list and initiate a new process as directed, or risk facing a fresh lawsuit.
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