Rejected Kiambu county board nominees file suit over bias
Njenga Murugami (Limuru ward) with other ward representatives speak to the press after the Kiambu County Assembly rejected eight of the governor's nominees for the county executive committee and public service board June 12, 2013. Photo/ANNE MACHARIA
What you need to know:
The three — Justin Ndungu Kimani, Barham Dev Vasisht and Alexandrian Muhanji — claim that their constitutional rights were infringed since the assembly discriminated against them on the basis of age, ethnicity and place of birth.
The case is keenly watched because it could set a precedent for other nominees who have been rejected by county assemblies.
Three nominees to the Kiambu County Public Service Board have moved to High Court seeking to reverse the County Assembly’s decision to reject their appointments.
The three — Justin Ndungu Kimani, Barham Dev Vasisht and Alexandrian Muhanji — claim that their constitutional rights were infringed since the assembly discriminated against them on the basis of age, ethnicity and place of birth.
“The qualifications for appointment to serve in the Public Service Board are clearly provided under article 73 (2) (a) of the Constitution and section 58 (3) of the County Government Act and as per the provisions of the said article and section, age, residence, ethnic and social origins are not grounds and/or qualifications for appointment,” state the petitioners.
The case is keenly watched because it could set a precedent for other nominees who have been rejected by county assemblies.
The Kiambu County assembly shocked governor William Kabogo last week when it rejected eight of his nominees to the county executive committee and Public Service Board.
The petitioners further seek an order restraining Mr Kabogo from making any other nominations to the board as their replacement. The governor was expected to make a fresh appointment replacing the rejected nominees.
Members allegedly rejected Mr Kimani because he is 67, two years above the retirement age and wanted to give an opportunity to younger people. Mr Kimani says this was discrimination based on age. There is no age limit for public service except in the case of judges where it is set at 70 years with an option to resign after 65.
Ms Muhanji was rejected because she is from Nakuru and resides in Nairobi while Mr Vasisht claims to have been rejected because he hails from an ethnic minority in the county.
The three were interviewed and approved by the appointment committee but the members amended the committee report on the floor of the house and rejected the three. However, the assembly approved the nominations of board secretary Catherine Njeri Mburu and board members Eric Kiriko Mwaura and Lucy Wanjiru Kamau.
The members asked Mr Kabogo to nominate qualified persons from Kiambu County instead of hiring “outsiders”.
The Assembly also rejected the nomination of Mary Ndunge Nguru to the finance docket, saying she hails from Makueni. Other nominees rejected were Eunice Karoki (planning) whom they said hails from Kakamega, Esther Ndirangu (education) and Monicah Waiganjo (agriculture).
Members approved the nomination of Njeri Gatabaki to head the roads and transport department, Esther Njuguna (water and environment) and Dr John Mwangi (Health).
