Three Nyeri residents yesterday petitioned the High Court to nullify the appointment of the six-member County Executive Committee that served under fallen Governor Nderitu Gachagua.
They claim the Nyeri county government is unlawfully constituted since the County Assembly has not given its approval of their continued stay in office after the demise of Gachagua.
Bernard Ngiri, Denning Omungo and Catherine Wangui have argued that the committee members ceased to hold office following Gachagua’s death on February 24 in London after a long battle with cancer.
The late Gachagua was replaced by deputy governor Samuel Wamathai. The petitioners say it was Wamathai’s responsibility to appoint new committee members or retain those who served during the Gachagua’s tenure with the express sanction of the county Assembly.
They claim the County government has deliberately flouted the Constitution by failure to follow the law to the letter. Upon his elevation, Wamathai presided over the swearing-in ceremony of the six committee members, Charles Githinji, Erastus Karanja, Lucy Mugure, Robert Thuo, Timothy Gachanja and Stanley Miano, which was conducted by lawyer Wahome Gikonyo.
Members of the Nyeri County Assembly had insisted on vetting the cabinet afresh but Wamathai was adamant that he had acted on an advisory given by the Attorney General.
Gachagua was constantly at loggerheads with the MCAs over his leadership and management style and survived several attempts to impeach him. The presiding judge of the Constitutional and Human Rights Division, Justice Enock Chacha-Mwita directed the aggrieved parties to make available the court documents to Wamathai and the county government to facilitate the hearing of the matter in Nyeri.
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