New Nakuru Governor Susan Kihika suffered a big blow after the court on October 19 barred the members of county assembly from vetting her nominees to the Cabinet.
Lady Justice H. Wasilwa of the Employment and Labour Relations Court halted the vetting of 10 County Executive Member nominees until a petition filed by one Dr. Benjamin Magare Gikenyi is heard and determined.
Dr. Gikenyi is a Nakuru based surgeon who is practicing at the County’s Level Five Hospital and also describes himself as a patriot, human rights defender and promoter of constitutionalism and rule of law.
He is Governor Kihika’s friend turned foe. In June 2021 he was backed by a section of UDA politicians including Mrs Kihika when he was waging war against the administration of former President Uhuru Kenyatta.
Gikenyi sued Uhuru for failing to appoint six judges recommended by the Judicial Service Commission as he challenged the decision by the former president to appoint only 34 judges of the 40 judges recommended by JSC. He accused the then president of interfering with the independence of the Judiciary as he argues that the president’s cherry-picking action was unlawful and discriminating.
“The action of the president and the respondents are illegal, irregular and irrational, to say the least, and are discriminatory and smirk of the use of public office to ‘teach perceived enemies a lesson’ as opposed to service to the people,” read part of his petition.
He is now embroiled in a full blown war with Governor Kihika after court further ruled that the orders issued on October 19 will remain in force until the surgeon’s petition determined on November 15.
Dr. Gikenyi has accused the governor of discrimination and skewed appointments that did not reflect the ethnic composition of the cosmopolitan county of Nakuru.
The list is not ethnically balanced as it favours one community and discriminates 43 other tribes in the county.
The petition has derailed the governor’s process of setting up her administration to begin delivering on her campaign promises to the residents of Nakuru.
The list also has Zipporah Wambui for education, youth and ICT docket, Stephen Njogu for finance and economic planning and Michael Karanja who will head the infrastructure docket, all from her Kikuyu community.
As she waits for the November 15 ruling on Dr. Gikenyi’s petition, Lady Justice Wasilwa also allowed three members of the county assembly and another resident named Daniel Bett to be joined in the case as interested parties.
Mr. Bett’s petition was consolidated with that of Dr. Gikenyi as he also claims that Governor Kihika’s list does not reflect the general ethnic and cultural diversity of Nakuru county.
He argues that the governor’s Kikuyu group took 80% of the slots at the expense of other communities, which is unlawful and against the tenets of good governance, inclusivity and accountability.
“A classic example of this ethnic marginalization is the discrimination against the Kalenjin community who despite voting for her to the last man, she has adamantly elected to bequeath them with a single nominee. If this is not ethnic discrimination, then the said term shall lack definite meaning and purpose,” Bett said in his affidavit.
He wants the court to revoke Kihika’s list and new nominees presented subject to public participation to ensure to ensure that it captures the diversity of Nakuru.
Kihika became the third and the first female governor of Nakuru county after beating Lee Kinyanjui on August 9 elections to lead the South Rift county.
