This archive report was first published on 20 September 2019.
On August 28, the Employment and Labour Relations Court issued orders staying the decision by the Bomet County Assembly to reject the nomination of county executive committee members Bernard Ng'eno (Youth, Gender and Social Service) and Justus Maina (Administration ICT and Public Service).
However, Governor Hillary Barchok has now moved to court arguing that there was material non-disclosure and misinterpretation of material facts at the time of obtaining the orders by the two nominees.
Through his lawyer, Kipkoech Ng'etich, Dr Barchok argues that the orders issued by the Employment and Labour Relations Court were ambiguous and inconsistent with the Constitution.
The governor claims that when a vacancy arises in the office of the governor, members of the county executive committee appointed prior to the vacancy cease to hold office.
He adds that the appointment of county executives is a political process and that courts cannot compel the appointing authority to appoint particular individuals.
Justice Monica Mbaru has certified the application as urgent, and the case will be heard on September 27.
