Governor Nyong’o loses appeal challenging reinstatement of eight chief officers.

 Kisumu Governor Prof. Anyang Nyong'o{R} with Interior CS Fred Matiangi during a meeting in Nakuru recently.The Court of Appeal in Kisumu thrown out an appeal the Governor filed
challenging the earlier decision of employment and Labour Court that reinstated   eight chief officers who were working in the previous county Government of Kisumu-Photo Courtesy.

By Dickson Odhiambo.

June 22, 2018.

Governor Nyong’o loses appeal challenging reinstatement of eight chief officers.

COURT of Appeal has thrown out an appeal case filed by Kisumu Governor Prof. Peter Anyang Nyong’o challenging the earlier decision of employment and Labour Court that reinstated   eight chief officers who were working in the previous county Government of Kisumu.

This now means that Nyong’o has lost an appeals case challenging the reinstatement of eight chief officers after he had sent them on compulsory leave when he took over as the Governor last year.

Governor Nyong’o had moved to the court of appeal after the eight Chief Officers were reinstated by the Employment and Labour Court.

During the ruling in Kisumu yesterday, Court of Appeal Judge Hannah Okwengu faulted Governor Nyong’o for the termination without following laid down procedures.

The court ruled that the Kisumu Governor failed to consult the county’s Public Service Board and the County Assembly of Kisumu before the termination of the contracts of the 8 Chief Officers.

Justice Okwengu says the fundamental rights of the 8 Chief Officers were violated by the Governor when he sent them on compulsory leave when he took over the office as the new Governor.

The court upheld the decision given by the lower court reinstating the 8 Chief Officers to serve their full terms in office in accordance to the contracts they signed when being employed.

Governor Nyong’o in his defense argued that he took the decision to send the officers on compulsory leave to give him time to reorganize his administration when he took over as the new Governor after the last year’s General Election held on August 8.

However the court found no malice made by Kisumu Governor Prof Peter Nyong’o and did not press punitive measures against him.

Meanwhile, Senator Cleophas Malala will continue serving as the Kakamega County Senator after an appeal challenging his election was knock out on technicalities.

Malala’s rival in the last general election Seth Panyako had moved to the court of appeal to challenge the decision by Kisumu High Court to up held the election of the former.

In a judgment written by Lady Justice Jamila Mohammed but read by Justice Hannah Okwengu in Kisumu, the court faulted Panyako for late filing of the appeal.

The court ruled that Panyako failed to adhere to the strict timelines of 30 days of which an election petition must be filed at the court of appeal.

Okwengu read that the court had no powers to extend the timelines to accommodate the petition filed by Panyako.

She says the records at the court show that there is no active case challenging the High Court ruling that up held the election of Malala.

Judge Thripsisa Cherere sitting at Kisumu High Court in December 2017 struck out the case filed by Panyako on grounds that he failed to present before court an affidavit to back his plea in regard to the results declared during the exercise.

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