Blow to Nairobi MCAs as the high court temporarily stops the removal and replacement of Nairobi acting county Secretary Jairus Musumba by the County Assembly.
This is after Justice John Chigiti on Thursday issued orders quashing the decision of the Nairobi City County Assembly that rejected his nomination.
He also gave conservatory orders suspending the tabling, debating and considering or acting upon the report on the vetting of the nominee for the position of County Secretary By Nairobi County Assembly.
This is after California MCA Hashim Kamau filed an application certified as urgent.
Nairobi MCAs on March 15, 2023, vetted and rejected county secretary nominee Jairus Musumba.
Musumba had appeared before the county assembly appointments committee on the morning of that day for vetting and got rejected in the afternoon.
As per the report by the appointment Committee, the MCAs didn’t find him suitable for the position.
It is said Musumba failed to respond to most questions that were posed to him raising questions about his competence.
As a result, the assembly gave Sakaja I4 days to nominate another candidate for the position.
Musumba has been acting as county secretary since 2019.
The California MCA who filed the application said the process to vet and reject Musumba’s nomination was rushed.
He explained that the report was tabled on the floor of the assembly two hours after the vetting process ended, not giving ample time for the MCAs to go through it properly.
“The whole process was rushed and there was no urgency to that. The MCAs including myself who were not part of the appointment committee did not get a chance to analyze the report,” Kamau added.
Judge Chigiti ordered the Speaker and the County Assembly to retable the second report on the vetting of Musumba for the position of the County Secretary under strict adherence to the laid down procedures in law.
The ruling, therefore, means that Musumba will remain in office up to May 8, 2023, when the case will be heard.