Mombasa governor wins round one in court battle
Mombasa Governor-elect Abdulswamad Nassir addresses the press at Star of the Sea Girls Secondary school on September 1, 2022, during a surprise visit to the institution. Mr Nassir said that once sworn in office, he will be able to deal with pending bills, especially the workers' salaries. PHOTO BY WACHIRA MWANGI
By Tobby Otum
A Mombasa court has declined to issue conservatory orders to halt the nomination exercise of Mombasa county county executives.
Employment, Labour and Relations Judge Agnes Mueni-Nzei instead directed the parties to submit their written submissions by January 26.
She made the ruling after two days of oral submissions through virtual court proceedings.
The lady justice at one time cautioned the counsil for the petitioners David Maskine from Shaaban Advocates that he is not ready to issue orders that will paralyze the operations of the county government. Maskike is representing Abdulmajid Busyayyid, Mesh Abdul, Maria Fernandes and Mohammad Mohsin.
The petitioners’ counsel had argued during the oral submissions that there was no need to maintain the status quo after they had filed their petition on certificate of urgency.
Counsel representing the county government, Murtaza Tajbhal, opposed the application for the interim orders to stop the nomination exercise saying it was was premature as the nominees have to undergo a process before they are approved.
Mombasa county public service board counsel Khadija Yusuf asked the court to give her five days to respond to the notice of motion which was served hardily a day to the court appearance.
The petitioners who had rushed to court under certificate of urgency had pointed out that the nomination is against the constitution on protection of rights and fundamental freedoms under rule 2013.
The petitioners were seeking the court to issue interim orders to stop the new nominees from taking over their respective offices until the matter is heard and determined.
They argued the order will restrain the new look cabinet which was appointed through an executive notice dated January 15 this year.
They had argued through their counsel that the appointment of the county executive committee members was not fair and transparent under the law.
They also had argued the nomination exercise lacked public participation and was carried out with a lot of secrecy and was against the constitution.
Meanwhile, Mombasa Senator Mohamed Faki has waded into the controversy by urging Abdulswamad to reconsider doing the nomination exercise afresh.
In a protest letter to the governor Faki poked holes at the list of the nominees saying it lacked the face of the six sub counties.
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