The High Court has dismissed a petition challenging the Nyeri governor’s decision to appoint a deputy without waiting for Parliament to pass a law on how to fill the position.
Justice Abigail Mshilla ruled that the Supreme Court’s advisory opinion, explaining how the vacancy should be filled, was sufficient and binding in law.
Justice Mshilla said the advisory, dated March 9, 2018, not only applied to the filling of vacancies in future but also those that existed before it was issued.
THE PETITION
Petitioner Benson Njuki had argued that the advisory opinion could not be used retrospectively in treating a vacancy that already existed.
Mr Njuki said Governor Mutahi Kahiga was supposed to wait for Parliament to pass the County Governments Amendment Bill before nominating Caroline Karugu as his deputy.