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Court threatens to revoke Wajir County appointments

10 January 2014, 18:34 Millicent Kawii

Nairobi - A High Court judge has threatened to grant an order to quash the Wajir County Assembly speaker Bashir Omar’s decision to appoint county officials.

Justice Weldon Korir said he was legible to grant the order sought by Ms Rukia Abdullahi and Mr Aden Duale Kadid to quell the decision made by the Wajir speaker on appointing Mr Abdikadir Hussein Omar and Miss Farhiya Rashid Ali as Assembly clerks and Assembly Service members.

Justice Korir however allowed the speaker of the County Assembly of Wajir, the County Assembly Board, and the County Assembly of Wajir to file their substantive responses by Tuesday next week.

Ms Abdullahi and Mr Duale have sued the Wajir speaker of the County Assembly for approving appointment letters of the county clerks by the County Assembly Board.

They allege that the speaker unilaterally proceeded to swear and issue appointment letters to the appointees thereby denying other 11 applicants and 29 members of the county assembly an opportunity to participate in the process as required.

They allege that the County Assembly Service Board was not duly constituted as at the date and time of the advertising, recruiting, shortlisting and presenting for nomination and appointments of the clerk and County Assembly Service Board members.

“The speaker did not supply the applicants and other members of the assembly with academic statutory credentials of Mr Abdikadir Hussein Omar and Miss Farhiya Rashid Ali prior to and during the debate on November 26 2013 and also a full report on how shortlisting and subsequent nomination was arrived at,” Ms Abdullahi and Mr Duale said in their suit papers.

The claim that the speaker walked out of the chamber without adjourning and before the motion to approve the appointments of the two had been discussed and concluded.

They further claim that the conduct of the speaker and the assembly service board has caused tension in the assembly and is bound to paralyze the functions and services of the assembly.

The two leaders from Wajir have termed the speakers’ role as that of an ‘impartial arbitrator and moderator’ and has since blocked the Transition Authority from seconding an interim clerk to competently discharge duties until replacements are procedurally and legally put in office.

They are also seeking an order directing the speaker to declare the county clerks’ position vacant and have the advertised for fresh recruitment under the law and procedure laid down.

They also want the two officers to be prohibited from assuming their duties and offices as currently appointed till the suit is heard and determined.

The case will be heard on January 14, 2014.

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