Court orders Samburu County to conduct fresh CEC vetting

The Nanyuki High Court has directed the County Assembly of Samburu to conduct fresh vetting for the position of Chief executive Member (CEC) in charge of Health.

This was after Mary Kanyaman Ekai, who was the Health CEC prior to the 2017 General Election filed a petition on November 6, 2017 challenging the vetting process claiming it failed to comply with Article 47 of the Constitution.

In the petition, Ekai noted during her vetting, the County Assembly relied solely on a special report of an ad hoc committee which had been formed to investigate her on allegations of financial mismanagement, maladministration and harassment of staff.

She alleged she was not informed in advance of the nature of allegations made against her in order to prepare her defense or counter allegations.

In her petition she said she was never given opportunity to cross examine witnesses who implicated her or get to call her own witnesses to counter the allegations.

She prayed the court to quash the findings of the vetting committee which had used them to reject her nomination and declare her competent and fit for the position.

Justice Waweru observed that the vetting did not give her a chance to defend herself.

“I am satisfied from the material now before court that the vetting of the petitioner by respondent did not accord with the requirement for fair administrative action set out in Article 47 of the constitution of Kenya, 2010,” Justice Waweru observed.

He added that the findings against her were founded on a process that was unfair to her; however the court has no power to declare her competent for the position only that it can order for a fresh vetting in accordance with the law and standards of fairness set in the constitution.