A lobby group has moved to court to challenge the appointment of five executives in Kiambu County.
Governor Kimani Wamatangi appointed ten county executives but five were rejected by MCAs during vetting.
Bunge Mashinani, in its case before the High Court in Kiambu, argues that the governor's decision to go ahead and appoint those who were rejected by the assembly was illegal and unprocedural, and should be overturned.
"The swearing in of the nominees was done in contravention of the requirement for publication of their names in the official gazette notice and without notification to the citizens of Kiambu County.
"The actions are in total contravention of the law and procedure for appointment of the officers to the said offices of County Executive Committee as provided by law," the lobby said through its lawyer Victor Atandi.
On November 8, 2022, the governor presented a list of 10 county executives which was consequently tabled in the county assembly for approval.
The nominees were Nancy Kirumba (Finance, ICT and Economic Planning), Bibianne Waiganjo (Education, Gender and Culture and Social Services), Margaret Waithira Ruinge (Administration and Public Services), Salome Muthoni Wainaina (Housing, Physical Planning, Municipal Administration and Urban Development), Nancy Gichung'wa (Trade, Tourism, Industrialization and Investment), and David Kuria (Water, Environment, Energy and Natural Resources).
Others were Samuel Kimani (Roads, Transport and Public Works and Utilities), Elias Mbuthia (Health Services), Ali Korar (Youth, Sports and Communication) and Wilfred Mwenda Kiara (Agriculture, Livestock and Cooperatives Development).
The county assembly debated and rejected five nominees on grounds that they failed to demonstrate the required knowledge and skills for the respective dockets to which they had been appointed.
Those who were rejected are Ms Kirumba, Ms Ruinge, Ms Wainaina, Mr Kiara and Dr Mbuthia.
On January 20, during a special sitting convened by the speaker of the county assembly, MCAs considered the executives they had initially rejected and approved them.
In the case, Atandi accused Wamatangi and the speaker of contravening the law by re-submitting the list of the rejected nominees to the county assembly for approval.
He urged the court to quash the appointment of the five as they were allegedly sworn in past the time provided for by the law, and without being gazetted.
Justice Peter Mutua directed the governor and the county assembly to file their responses within 14 days.
The matter will be mentioned on March 16.
