Kisii Governor Simba Arati Wednesday suffered a blow after a Labour Court ruled against the appointment he had made to the County Attorney's office.
Justice Stephen Radido, sitting in Kisumu Labour Relations Court, found Alfred Nyandieka's appointment as Kisii County Attorney "irregular, unprocedural and illegal".
Nyandieka was declared Kisii County attorney in a November 30, 2022 Gazette Notice No 14717 by Governor Arati and handed letter of Appointment on December 1, 2022.
The court, however, found that his appointment was flawed and did not comply with the provisions governing recruitment of public officers.
The process leading to his appointment, Justice Radido observed, was significantly flawed as it did not observe the requirements of sections 5(1) and 8(a) of the Public Appointments (County Assemblies Approval) Act.
The petition challenging Nyandieka's appointment was filed by Mariita Omao and Mangondi Senema on May 18, 2023.
The petitioners argued against Nyandieka's appointment saying it lacked national values and principles of governance as set out in the Article 10 and Article 185 (3)of the Constitution.
The petitioners further asked the court to compel Nyandieka to reimburse to the exchequer all funds extended to him while he served in an illegal capacity.
In the ruling, Radido termed the process leading to his appointment legally and constitutionally defective.
"The Court therefore makes a declaration that the appointment of Ongiri was procedurally non-compliant with the provisions of sections 5(1) and 8(a) of the Public Appointments (County Assemblies Approval) Act. An order is hereby issued to quash the appointment of the Interested Party."
