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Citizen Weekly

Sunday, 15 March 2015

Nakuru county secretary faces court challenge

Nakuru county secretary risks ouster from office after a non governmental organisation moved to court contesting his appointment in the county government.
Joseph Motari and the Nakuru county government have been sued by the County Efficiency Development which claims the secretary was not competitively sourced.
“Motari’s appointment failed to meet the constitutional threshold as he was not recruited competitively and did not go through an interview process before his name was submitted to the assembly,” reads part of the petition.
Through their lawyer John Githui, the NGO noted that the county government of Nakuru was challenged in September 2013 over its appointment of some members of its public service board and Judge Anyara Emukule then upheld the decision to reject the appointment of county secretary Joseph Motari.
At the time, the judge had concluded that Motari may continue serving as the interim secretary pending the appointment of a competitively recruited county secretary.
In accordance with the court finding, the county government was obligated to comply with the law and court order whereby they were to advertise and recruit a county secretary in accordance with provisions of the law.
To date, after more than two years, the county government is yet to comply with the court order.
According to the NGO, Motari has continued to hold office and has over time mutated from an interim county secretary to county secretary who is supposed to be duly appointed under the act.