Governor Sang to appeal court's ruling over CECs appointment

Nandi Governor Stephen Sang remains unmoved, stating that he will not re-advertise the County Executive as directed by the court.

In a statement on Thursday,  the Governor said that the direction given by the Court is not anchored on any known legal provisions.

"We respectfully disagree that the positions of the CECM be 'advertised as directed by the court in this case. Section 35 of the County Governments Act expressly provides for the process of appointing CECMs," Sang said.

The county chief further explained that had the law intended that these positions were to be filled through the process as directed by the court, nothing would have been easier than for the statute to expressly state so.

"It is therefore our position that the Court in the said directive to 'advertise' afresh for the CECMs goes against the express provisions of the law and therefore untenable and impossible to implement," Sang added.

The Employment and Labour Relations Court in Eldoret on Wednesday ordered that Nandi Governor Stephen Sang re-advertise all eight CEC positions after hearing and deciding a suit filed by Nandi resident Onesmus Kimeli.

The suit named all eight CECs as interested parties and Governor Stephen Sang as the first respondent. 

The governor had appointed the eight last November after winning his second term in office.

The eight whose appointments have been revoked include Kiplimo Lagat, Phillomena Kiptoo, Ruth Koech, Kibet Ronoh, Alfred Lagat, Hillary Serem, Isiah Keter and Scholastica Tuwei.

The eight had been sued in the matter as interested parties.

The first five were re-appointed by the governor after serving with him during the first term.

The county assembly only approved three of the eight on November 14, 2022.

Justice Maurine Onyango ruled that the first five of the appointees were not subjected to fresh approval by the county assembly as required by the law.

The court noted that if the governor is re-elected he must constitute a fresh executive committee which must comply with section 35 of the County Government Act yet that was not the case in Nandi.

The executives being appointed must be nominated afresh and be vetted and approved by the assembly as per the manner set out in Section 42 of the Act.

With all these apparent errors of law and facts by the Employment & Labour Relations Court in its judgment and resultant directives, Governor Sang said an appeal becomes necessary and inevitable.

However, he noted that with the matter being before the court and heading to appeal, service delivery and operations will be interrupted.

"I commit, pending the appeal, to comply with the Court's directives to the extent permitted and available within the bounds of the law," Saga added.