City Hall operations have been paralysed due to orders stopping the vetting of the recent 10 Cabinet nominees appointed by Governor Johnson Sakaja, the High court heard yesterday.
Sakaja through his lawyer Dancan Okatch told Judge Anne Mwaure of the Employment and Labour Relations Court that the orders which are currently in force have greatly prejudiced the ongoing vetting process as the former CECs can not perform any duties at the county government, therefore, crippling the business.
Okatch urged the judge to lift the orders issued on November 8 halting the vetting process terming the lawsuit filed by the Association of Muslim Lawyers and the Nubian rights forum without merit and should be dismissed.
The two lobby groups moved to court to challenge Sakaja’s 10 CEC nominees arguing that they were not represented as no individual from the Islam group was shortlisted yet they contribute 30 per cent of Nairobi City County’s GDPs.
But Governor Sakaja says he publicly announced a list of nominees for the County Executive Committee Members and advisors of the Governor contrary to the allegations by the petitioners he did not make the list public.
The county head informed the court that he has the discretion and liberty to nominate and appoint anyone as a County Executive Committee Member as long as the person has met the qualifications required for the position and most importantly they have fulfilled the requirements as stipulated under Chapter Six of the Constitution of Kenya, 2010.
He added that Article 27 of the Constitution provides for equal treatment including the right to equal opportunities in the political, economic and social sphere as well as equal protection and equal benefits.
However, the said Constitutional Article should not be interpreted to mean that the governor has the duty to include everyone in his appointments considering that Nairobi has over 47 tribes, over 5 religions and atheists who have coalesced as an association.
"It may be worth noting that there were only ten (10) slots for the list of nominees for the position of County Executive Committee members hence it was humanly impossible to include all the 47 tribes and all the religions in Kenya and no matter how many other opportunities are availed it will be practically impossible to so include, "Sakaja told the judge.
He continued; "the mere fact that the Petitioners are purporting to contribute thirty (30%) of Nairobi City County’s GDPs is not even backed by any documentary, evidence or survey or data and in any case, that is not even a mandatory consideration when a Governor is making the decision of the people who can derive his agenda forward and assist him in fulfilling his pledges and promises to the residents of Nairobi county,"
He stated that once the court sets aside the orders, the list of the nominees will be subjected to vetting by the members of the County Assembly which is usually an open and transparent process and even calls for public participation by submission of memoranda.
"Therefore, the said request by the Petitioners is premature and an abuse of the Court process; they have to be vetted by the County Assembly and the said nominations will only become valid upon approval by the County Assembly," Sakaja told the court
The governor further stated that the petitioner’s sole agenda in the lawsuit is to create a rift between religions in the County or even to create an imaginary rift between him and Nairobi Muslims and that is indeed quite sad and a very dangerous trajectory.
"It is in the interest of justice and fairness that this Honourable Court vacates and or sets aside the said orders at the earliest or dismiss the application as the great Nairobi City County will be prejudiced if the vetting process does not commence and the County Executive Committee Members are not appointed to perform their duties to the residents of Nairobi City County," Sakaja said.
Justice Mwaure will rule on whether she will lift the orders on Tuesday next week
