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Activists lament slow progress in Waiguru prosecution

03 July 2014, 18:46 William Korir

Nairobi - A group of activists have complained of the slow pace of the suit in which devolution secretary Ann Waiguru is being sued for abuse of office.

An Industrial Court judge extended orders suspending a policy document that allowed Cabinet Secretaries to fire and replace public servants in ministries.

Lady Justice Maureen Onyango extended the orders since the hearing of the case filed by activists Okiya Omtata and Wycliffe Nyakina over the alleged irregular sacking of National Youth Service director Japter Kiplimo Rugut and Youth and Enterprise Fund’s Gor Se melang’o, could not go on as earlier scheduled.

Mr Omtata and Mr Nyakina had sued Devolution Cabinet Secretary Anne Waiguru, State House Chief of staff Joseph Kinyua, devolution Principal Secretary Peter Mangiti as well as Public Service Commission Chair Margaret Kobia.

The two are seeking a declaration that Ms Waiguru acted in gross violation of the constitution by the alleged arbitrary sacking of the two, a decision which resulted to the aborted impeachment motion by Igembe South Member of parliament Mithika Linturi.

A state lawyer representing the sued parties told court that Ms Kobia had been outside the country and therefore it posed a challenge to prepare a response for the suit and therefore pleaded with the judge to set another hearing date.

“We seek to respond in 14 days because Ms Kobia was not in the country and given that issues involved all the four we could not have had enough time to respond without her, everyone should be given a fair notice, we have made our request in good faith,” said the State lawyer.

The judge agreed, scheduled another day for the hearing of the case as well as extended the orders which she first issued last week suspending the policy document that had given CS Waiguru the powers to fire and replace Mr Rugut and Mr Semelang’o.

“CS Waiguru, Mr Kinyua, PS Mangiti are allowed to respond in 14 days as requested, the temporary orders are extended,” said the judge.

Mr Omtata and Mr Nyakina had told the judge that they were ready to proceed with the hearing of the case saying that other people’s rights had been violated hence the case had to be heard and determined quickly.

“Some people’s rights are continued to be violated and therefore we request either way this matter be heard as the sued parties respond and be disposed off quickly, we are ready,” said Mr Omtata.

On June 23, Lady Justice Onyango suspended the alleged illegal policy document dated May, 2014, titled, Policy on the Decentralization of Human Resource Management in the Civil Service, which was to be officiated by the president on June 30, temporarily.

The activists accuse Ms Waiguru of blocking the release of a mid-year Assessment report prepared by the directorate of public service management in the division of performance contracting by demanding that her ministry should revise it first.

The case will now be heard on July 24.

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