The Employment and Labour Relations Court in Eldoret has declared the appointment of eight Nandi County executive Committee members by Governor Stephen Sang illegal.
The court ordered the Uasin Gishu County boss to re-advertise all the positions to allow for fresh applications.
The case was filed by Nandi resident Onesmus Kimeli who argued that Governor sang, who is listed as the 1st respondent violated Constitution, by not following the right procedure in the appointment of CECs.
He further averred that failure by governor Sang to present the curriculum vitae and other credentials for 1st to 5th Interested Parties for scrutiny, vetting and approval by the County Assembly of Nandi was in violation of the constitution.
In its ruling, the court declared that 1st Respondent has violated Articles 1, 2, 3, 10, 19, 20, 21, 22, 27, 73, 174, 179, 185 and 196 of the Constitution.
“It is therefore the finding of this court that the failure to subject the 1st to 5th Interested Parties to a fresh approval by the county assembly flouted constitutional and statutory requirements and thus rendered the whole process of their appointment a nullity,” read a ruling delivered by Eldoret judge Maureen Onyango in part.
The court further argued that it is evident from the foregoing that Governor Sang was bound to promote gender parity by adhering to the two-thirds gender rule, adding that the noncompliance with the same rendered the nominations both unconstitutional and unlawful.
The court added that the subsequent approval of the nomination list by the county assembly was thus also tainted by the same unconstitutionality and illegality.