Nanyuki high court has directed the County Assembly of Samburu to conduct fresh vetting of the position of Chief executive Member (CEC) in charge of Health.
The directive was given after Mary Kanyaman Ekai, who was the Samburu CEC of health prior to 2017 General elections, filed a petition on November 6, 2017 challenging the vetting process of iots failure to comply with Article 47 of constitution.
In her petition Ekai noted that the county assembly relied solely on a special report of an ad-hoc committee which had been formed to investigate her on allegations of financial mismanagement, maladministration and harassment of staff.
She alleged she was not informed in advance of the nature of allegations made against her in order to prepare her defense or counter allegations.
In her petition she said she was never given opportunity to cross examine witnesses who implicated her or call her own witnesses to counter the allegations.
She prayed the court to quash the findings of the vetting committee which had been used to reject her nomination by the Samburu County governor for the position and declare her competent and fit for the position.
The respondent never filed its submissions against the allegations of the petitioner and hence Justice Hatari Waweru observed that the county assembly had exhibited lack of interest in this important matter.
Justice Waweru observed that the vetting was based on adverse report of a previous ad hoc committee that was investigation allegations of malpractices of the petitioner while in her office as a CEC in charge of health.
I am satisfied from the material now before court that the vetting of the petitioner by the respondent did not accord with the requirement for fair administrative action set out in Article 47 of the constitution of Kenya, 2010, Justice Waweru observed.
He added that the findings against her were founded on a process that was unfair to her; however the court has no power to declare her competent for the position only that it can order for a fresh vetting in accordance with the law and standards of fairness set in the constitution.
Source: Kenya News Agency