BY SAM ALFAN.
High court sitting in Nairobi has halted the recruitment process of Garissa County Land management Board pending the hearing and determination of matter before the court challenging the whole exercise.
Justice Mumbi Ngugi, said that the pending the hearing and determination of the petition before court there shall be no recruitment or vetting of members to serve in the board.
The court directed that the matter be mentioned on 28 August before duty judge for directions as to the hearing of the main petition.
Garissa County Government moved to court under certificate of urgency seeking orders to quash the decision of the commission to omit name of a candidate who qualified for the appointed and replaced withn a different person
The county government through his lawyer Steve Mogaka told the court that, the commission by replacing Abdiladif Ahmed Haret with that Ahmed Duale Ahmed, saying that the commission had usurped the power that is not conferred upon it by the constitution.
The lawyer told Justice Ngugi, that, unless the clerk of Garissa county assembly is restrained it’s likely to present the unlawful and altered list to the county assembly for vetting and approval.
The court heard that commission has acted in bad faith and contrary to the provision of the law.
The commission as equally infringed to the fundamental rights of the candidate who rightfully qualified for the job and same contravenes the express provision of the constitution.
Mr Mogaka submitted that it’s the court which has power to direct the commission to follow the right procedure in the appointment of persons to serve in the management board at all respective county assemblies.
He urged the court to issue an order to compel the commission to remove the name of Duale and replace it with that of Mr Haret and proper list be forwarded for vetting as required by law.
The court was further asked to issue further order staying the recruitment process, pending the hearing of the petition.