Court Ruling on 9 CECs in Siaya should be a lesson to Counties, Speaker Okode says.

 Siaya County Assembly Speaker George Okode addressing the press in Kisumu where he said a court ruling that declared nine CECs in Siaya County should serve as a lesson to all counties that does not want the Assemblies to observe and apply the law in their duties-Photo By Dickson Odhiambo

By Dickson Odhiambo.

December 7, 2018.

Court Ruling on 9 CECs in Siaya should be a lesson to Counties, Speaker Okode says.

THE Recent High Court ruling on nine County Executive Committee Members from County Government of Siaya should be a lesson to all counties, Siaya County Assembly Speaker has said.

The High Court in Kisumu yesterday ruled that the nine County Executive Committee Members proposed by Governor Cornel Rasanga are not qualified for their jobs as CECs.

County Assembly of Siaya had rejected the nine CECs Nominees as not being qualified in accordance to the requirement of Section 35 of the County Government Act.

Siaya County Assembly Speaker George Okode says the County Assembly had observed the law on rejecting the nine CECs nominees for not being qualified for the jobs they were taking.

He says this should be a lesson to all the county Governments across the country that when any County Assembly observe and apply the law then no one should read malice, adding laws should be accepted and applied as required.

Addressing the press in Kisumu today, Speaker Okode said the County Assembly of Siaya has now been vindicated as an Assembly that it upheld the rule of law on that matter.

“The pronouncement by the Court of Law is a vindication to us an Assembly that indeed we observed the rule of law and when the Assemblies observe, apply and invite you to the application of the law then you should not read any malice and just accept and apply the law as required,  ,” Okode says.

He says the next course of action now entirely lies with the petitioners in the case who can decide to go to court and petition for the removal of the nine CECs from the office, adding that this is now not the work of the County Assembly of Siaya.

“In the judgment, the three judges have observed that the prayer was not for the vacation of the office by the said nine CECs or their dismissal from their current positions but again this leaves room for the petitioners if they so wish to go and petition for the removal of those people from the office and this is not for us to say as an Assembly,” Okode adds.

Sylvester Madialo Member of County Assembly representing Usonga ward who accompanied Speaker Okode concurred with the Speaker saying, the ruling has really vindicated the Assembly for observing and applying the rule of law.

“The Court has now rule that the nine CECs members whom we rejected as an Assembly for not being qualified in accordance to Section 35 of the County Government are not qualified, Madialo says.

The High Court in Kisumu yesterday ruled that nine County Executive Committee Members nominated by Siaya Governor Cornel Rasanga did not meet requirements for the appointment to such positions.

The three bench judge gave a judgment through Justice Kanyi Kimondo. Other Judges are Justice Jaden Thuranira and J. Onyiego.

Justice Kimondo said the nominees did not meet the threshold set out in section 35{3} {d} of the County Government Act.

The Law insists on Knowledge Experience and a distinguished career of not less than five years in the field relevant to the portfolio of the department to which the person is being appointed.

The Court has said the Governor of Siaya County did not have the power or authority to resubmit the name of a candidate whose nomination had been rejected by the County Assembly unless the circumstances relied on for the rejection did not exist at the time.

The petitioners are Brenda Achieng Ongalo, Isaac Okinyi and James Anyiko who moved to court and sued Siaya County Assembly, Speaker George Okode, Governor Rasanga and County Government of Siaya while wanting the Court to declare the nomination of all the ten CECs as Unconstitutional, null and void.

The Nominees included Dr. Nicholas Kut Ochogo{Agriculture Food and Fisheries},Joseph Odhiambo Ogutu{Finance and Economic Planning}, Adrian Ouma{Physical Planning,Land, Housing and Urban Development}, Dorothy Akinyi{Health and Sanitation}, Elizabeth Achieng{Enterprise, Energy and Planning}, George Misore{ Water, Irrigation, environment and Natural Resources}.

Other were Jaoko Oburu{Tourism, Culture and Sports, George Amenya{ Public Works, Roads and Transport} Dismas Odhiambo Wakla{Public Service and Governance}.