- The directive is pending a hearing and determination of a petition by the four challenging their ouster.
- Justice Stephen Radido issued a temporary interdict after the four moved to court on Thursday to challenge their ouster.
The Employment and Labour Relations Court in Kakamega has barred the county government of Kakamega from replacing four of the six members of the Public Service Board impeached by the county assembly on December 14.
The directive is pending a hearing and determination of a petition by the four challenging their ouster.
Justice Stephen Radido issued a temporary interdict after the four moved to court on Thursday to challenge their ouster.
The four are Catherine Omweno (chairperson), members Stanley Were, Dr. Ralph Wangatia and Joel Omukoko.
“Pending further directions, the Court issues a temporary interdict stopping the replacement of the Petitioners and or recruitment of new County Public Service Board members to replace them,” read the order dated December 21.
The judge directed that the petition filed by way of a notice of motion be served to the respondents.
He directed that the respondents and interested parties file their response to both the petition and motion within 15 days of service and the petitioners to file and serve any replies within 7 days of service of responses,
They have named Kakamega governor Fernandes Barasa, the county assembly of Kakamega, county secretary Lawrence Omuhaka and the petitioner whose petition bundled them out of office Dennis Muhanda as respondents in the suit.
Two board members who survived the ouster; John Wanyama and Sylvia Otunga have been named as interested parties.
He said that further directions will be issued in January.
In their joint affidavit, the petitioners said that their attention was drawn to a paid-up advertisement by the county government for the positions of the chairperson and 5 members of the Kakamega County Public Service Board by the wee hours of December 15, 2023.
“In a clear manifest of the respondents' joint and or several acts of ill will, malice, bad intent, desire and scheme to hound them out of office, subversion of both the Constitution, the County Government Act, the Kakamega County Public Service Board Act and the assembly's standing orders, the said advertisement failed to comply with the express and mandatory requirements of law as specified under Section 58A of the County Government Act,” they said.
“With the respondents' intent, desire and plot being manifest as appears in the said advertisement, we are reasonably apprehensive that the governor is consequently bound to at any moment, proceed and issue letters purporting to remove us from Office in the circumstances on the alleged recommendation of the county assembly,” they said further.
They said that they were apprehensive of the fact that the acts of advertising their positions without any formal address, communication or notification were an attempt to summarily dismiss them.
They said that the formality nor public relations exercise or supposed recommendations of the county assembly following its illegal, irregular proceedings, sittings or session of December 14, 2023, purportedly arrived at by an assembly that was illegal and irregular.
“The actions of the Respondents herein are contrary to the express provisions of Article 251 and 236 of the Constitution, Sections 58 and 58A of the County Governments Act and Section 27 of the Kakamega County Public Service Act and the assembly's Standing Orders 24, 25, 26, 27, 63, 64, 65 and 85, and remain unexplained, unjustified, unconstitutional, illegal, irregular and unprocedural,” they said.