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Waiguru, AG sued in case challenging Gor sacking

29 April 2014, 08:16

Nairobi - Devolution and Planning Cabinet Secretary Anne Waiguru and Attorney General Githu Muigai were Monday sued in a case challenging the sacking of former Youth Enterprise Development Fund Chair Evans Gor Samelang’o.

Mr. Evan Muchahi Mbuni and Joseph Njoroge Kibathi moved to court seeking the de-gazettement of Mr. Gor’s sacking and want him re-instated as he was illegally removed from office.

The two accused Ms. Waiguru of influencing the decision to sack Mr. Gor with a bias against him.

The two who are direct beneficiaries of the Youth Enterprise Development Fund, argued that Mr. Gor’s sacking needs to be stopped since precedence will be set for public officers to be dismissed from office without explained reasons contrary to the Public Officers Ethics Act.

Through lawyer Ramijeo Paul Mugambi, they allege that the manner in which he was removed from office will damage his reputation.

They want the AG and Waiguru barred from sacking individuals in such a manner and quash the April 7 gazette notice indicating Gor’s removal and replacement while the case be treated as an extremely urgent matter.

The gazette notice had been backdated to February 27 and was to take effect as from March 1.

And Lady Justice Mumbi Ngugi who heard the case, tasked Mugambi to explain on the urgency of the case as described.

“Unless the Attorney General and the Devolution Cabinet Secretary are restrained by quashing this gazette notice, their action is definitely going to create precedence for public officers to be dismissed from office with impunity, not considering the damage caused to their reputation or explained reasons,” said Mr. Mugambi.

Lady Justice Ngugi declined to issue temporary orders stopping the gazette notice but however directed them to give copies of their suit to the AG and Waiguru before getting further directions.

“Let copies of the case be served to the AG and the Devolution Cabinet Secretary and the alleged subject come for further directions,” said the judge.

The case will be heard on May 7.

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