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Kendi v Governor, Laikipia County & 2 others; Taiti & 6 others (Interested Parties) (Constitutional Petition E003 of 2022) [2022] KEHC 14541 (KLR) (31 October 2022) (Ruling)
Neutral citation:
[2022] KEHC 14541 (KLR)
Republic of Kenya
Constitutional Petition E003 of 2022
HPG Waweru, J
October 31, 2022
Between
Lilian Kendi
Petitioner
and
Governor, Laikipia County
1st Respondent
County Assembly of Laikipia
2nd Respondent
Clerk, County Assembly of Laikipia
3rd Respondent
and
Albert Wagura Taiti
Interested Party
Leah Njeri
Interested Party
Samuel Wachira Gachigi
Interested Party
Sylvia Musenya Kihoro
Interested Party
Edwin Kasoo
Interested Party
Stephen Biwott Kisorio
Interested Party
Ekwam Martin Nabos
Interested Party
Ruling
1.On October 26, 2022 the petitioner lodged the petition herein challenging the nomination of the seven interested parties for appointment as members of Laikipia County Executive Committee by the 1st respondent. Various declarations and orders are sought.
2.Filed together with the petition is an application by notice of motion dated October 25, 2022 seeking an appropriate conservatory order pending hearing and disposal of the petition. The specific order sought is to restrain the 2nd, 3rd and 4th respondents -An interim conservatory order is also sought pending hearing and disposal of the application.
3.I have considered the submissions of the learned counsels appearing this morning. I have also read the petition, the application and all supporting affidavits and documents. Finally I have considered article 179 of the Constitution of Kenya, 2010; section 35 of the County Government Act, No 17 of 2012; sections 4 to 12 of the Public Appointments (County Assemblies Approval) Act, No 5 of 2017; and section 10 of the County Assemblies Powers and Privileges Act, No 6 of 2017.
4.So as not to compromise the fair hearing of the petition and the application for conservatory order, the court will not say much at this interim stage. Suffice it to say that having considered the nature of the petitioner’s complaint, the mandate of the Laikipia County Assembly in respect to approval of nominations for appointment to the executive committee, and the statutory time-lines set out in sections 9 and 11 of the Public Appointments (County Assemblies Approval) Act, this court declines issuance of any interim conservatory order. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 31ST DAY OF OCTOBER 2022H P G WAWERUJUDGEDELIVERED AT NANYUKI THIS 31ST DAY OF OCOTBER 2022
