A leadership crisis is looming in the Kiambu County government following a petition by a voter identified as Ms.Marion Njeri Njoroge at Milimani Court.
Nyoro has been ordered to present himself to Court on Wednesday morning, over a series of questionable actions pertain County government.
According to a petition filed Nyoro is accused of contravening and violating fundamental rights and freedoms of the individual as enshrined under articles 179(2),(5) and (6) of the constitution of the Republic of Kenya.
“The Deputy Governor in his acting capacity has made numerous irregular appointments, cabinet reshuffles, has hired and dismissed County Executive members without any legal basis contrary to provisions of Article 179 (5) of the Constitution as read with section 32(4)of the County Government Act 2012,” cited Marion in her petition.
A Nairobi court, a month ago, barred Waititu from accessing his office after the governor, his wife Susan Wangari and eight county staff were charged with Sh588 million irregular tender.
On September 6, Nyoro published in the Kenya Gazette a notice purporting to effect a re-assignment of the County Executive Committee Members in Charge of Finance and Economic Planning as well as Trade, Tourism, Cooperatives and Enterprise Development by swapping them.
Ms,Marion argues that the deputy governor is purporting to exercise powers that he does not have in law, in a move she says could precipitate chaos in Kiambu County.
Marion said that the illegal acts of the Deputy Governor to overstep the constitutional mandate will create a stalemate that will gravely affect service delivery to the people of Kiambu .
“I’m happy that the Court has summoned Nyoro for proper interpretation of his roles,his difference with the governor shouldn’t be escalated to other Kiambu voters,”she said.
She argues that Nyoro, not being the appointing authority, logically has no authority to dismiss or re-assign officers appointed by the Governor with requisite vetting and approval of the County Assembly.
Mr Nyoro took over office after Waititu was requested to step aside following allegation of misappropriation of County funds. Waititu has accused his deputy of being power-hungry and capitalizing on his misfortune to exercise executive powers he does not have.
In the court ruling on July 30, Anti-Corruption Magistrate Lawrence Mugambi granted the governor a cash bail of Sh15 million and directed the accused persons to deposit their travel documents in court.
Citing Section 32 (2) of the County Governments Act, Mugambi noted that the deputy governor can perform a governor’s duties in the event that the latter is unable to do so.
The Magistrate also clarified that the ruling did not mean that Waititu had been removed from office.
Barring the first accused from going to office, therefore, does not violate the constitution or amount to removal, it is intended to ensure the integrity and credibility of the trial and to ensure that public interest is safeguarded — Magistrate Lawrence Mugambi.
Through Gazette Notice No. 8903, Mr Nyoro moved Mr Njenga from the Finance to the Trade docket and replaced him with Mr Wilson Mburu Kang’ethe.