Court bars Bomet governor from dismissing three CECs

 

The Employment and Labour in Kericho has issued conservatory orders suspending the removal from office of three Bomet County Executive Members.

Justice David Nderitu issued the orders following cases filed separately by the CECs through lawyer Allan Kibet.

CECs Andrew Sigei (Finance and Economic Planning), Erick Kipkoech Ng’etich (Roads and Public Works), and Joseph Kirui (Administration, Public Service and Special Programmes), named the Bomet county assembly, Governor Hillary Barchok, the Speaker, and county government as respondents in the case.

“It is hereby ordered that in the meantime pending the hearing and determination of the court, conservatory orders be and is hereby issued restraining the respondents by themselves, agents, or members from any purported act of tabling, hearing, deliberating and or determining the Special Motion dated July 23, 2024, or, similar motion with a view of removing the petitioner from his office without compliance of the due process,” read the order in part.

Sigei claimed that Governor Barchok through a special motion dated July 23, 2024, moved the county assembly to have him dismissed.

He said a pre-trial conference for his unlawful removal was scheduled on July 31, 2024. The select committee was expected to commence on August 2, 2024.

Sigei claimed that the procedure invoked in the intended removal is unlawful since he has never been summoned before the relevant House committee to answer any allegations contained in the notice of special motion.

Ng’etich argued that the special motion in the assembly does not demonstrate the allegations filed against him and is unable to defend himself.

He said the process to have him removed from office is a nullity before the law, and undertaken in bad faith.

Kirui said that a special motion for his removal from office was adopted in the wee hours of July 29, 2024 and a special committee constituted on the same date.

He argued that the adoption of the special motion by the Members of the County Assembly and ongoing sittings by the committee is marred with irregularities and disregard of the law.

The court granted the county assembly and the governor 14 days to file their responses to the petitions and fixed mention for September 18, for further orders and directions.

The judge also encouraged the parties to engage and resolve the matter.

“Counsels and parties are encouraged to engage and resolve what appears to the court to be a political issue than a legal issue,” read the orders in part.