It is a win for Nairobi Governor Johnson Sakaja after the high court dismissed a case filed against his County Executive Committee members  (CECs).

The Judge ruled that the nomination and subsequent appointment of the CECs was done in accordance with the law thereby dismissing the suit filed by the Association of Muslim Lawyers and the Nubian rights forum.

“The upshot of the findings is that the petitioners have failed to establish the claims and the petition is liable to dismissal,” read the Judgment.

The two lobby groups had moved to court challenging Nairobi Governor Johnson Sakaja’s CECs arguing that they were discriminated upon in the list as no individual from the Islam group was shortlisted.

The court however ruled that the governor’s exercise of the power to appoint is chained by reasonable and fairness as per the constitution.

It was the courts findings that the petitioners did not show that they presented their grievances to the county Assembly during the vetting process.

“Even if due evidence were provided , the court would decline to delve into merit considerations for want of exhaustion of the statutory  vetting procedure which was available to the petitioners to make their concerns and grievances known, “reads the judgment

“While the petitioners alleged lack of inclusion on account of gender , religion and ethnicity or community of origin basis, they have failed to give an analysis of the parameters as obtains in the County of Nairobi,”ruled the judge.

The petitioners claimed the appointment of the CECs was unconstitutional and unlawful and urged the court to quash the nominations and also revoke the appointment of Charles Kerich and others.

However Sakaja through lawyer Duncan Okatch submitted that the assembly consists of Members of various religious and has a number of members from the Muslim faith .

Okatch said that the members of County Assembly vetted the nominees in an open and transparent manner as well as public participation by submission of memoranda.

He claimed he has discretion and liberty to nominate and appoint anyone as a County Executive Committee Member as long as the person has met the qualifications as required for the position and fulfilled the requirements as stipulated under Chapter Six of the Constitution of Kenya, 2010.

According to the governor, there were only ten slots for the list of nominees for the position of County Executive Committee members hence it was humanly impossible to include all the 47 tribes and all the religions in Kenya and no matter how many other opportunities are available it will be practically impossible to so include.

ENDS