The Employment and Labour Relations Court Wednesday dismissed a suit that challenged the vetting of 10 Nairobi County Executive Committee (CEC) nominees.
This means the vetting will now go on as earlier planned.
Justice Anna Mwaure dismissed the suit filed by the Association of Muslim Lawyers and the Nubian rights forum saying it was filed prematurely.
The two groups had moved to court and challenged Nairobi Governor Johnson Sakaja’s nominees arguing that they were discriminated upon in the list as no individual from the Islam group was shortlisted.
Mwaure had issued orders stopping the process pending the hearing and determination of the suit.
On Wednesday, the judge ruled there was no evidence adduced that any members of those communities made application for the various positions and were not considered on the basis of religion.
The judge there are clear procedures of appointing the CECs and secretary and therefore allowed the process to continue to its logical conclusion.
“The court holds that the doctrine of separation of powers is crucial for good governance in any nation… This application is filed just at the beginning of the process and the vetting process by the county assembly,” said the Judge.
She said it is only the petitioners who are still dissatisfied with the process that can come to court with clear prove of allegations of discrimination after completion of the process.
The governor through lawyer Duncan Okatch had opposed the suit claiming the petitioners’ sole agenda was to use the petition to create a rift between religions in the County or even to create an imaginary rift between him and Nairobi Muslims which is a very dangerous trajectory.
He claimed he has discretion and liberty to nominate and appoint anyone as a CEC 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.
He added though Article 27 of the Constitution provides for equal treatment including the right to equal opportunities in political, economic and socialsphere and equal protection and equal benefits, it is not interpreted to mean he can include everyone in his appointments.
He said there were only 10 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.
