Petition barring nomination of Gesami as DG flops

Dr. James Gesami when he appeared before the appointments committee in January 2021. PHOTO/Dan Nyamanga, The Scholar Media Africa.

A petition that was filed to challenge the nomination and appointment of Dr James Gesami as Deputy Governor (DG) for Nyamira County has been dismissed with costs.
 
The petition was filed in March 8, 2021 by a resident, Patrick Atambo.

The court verdict on the petition was delivered electronically on Thursday 22 July 2021 at the Nyamira High Court by Lady Justice Esther Maina.
 
An injuction was issued on May 27, 2021 hours to the second vetting of Dr Gesami by the County Assembly’s appointment committee.
 
“It is hereby ordered that the interim conservatory order be and is hereby issued staying the process of nomination and or processing a nominee to the office of the Deputy Governor, County Government of Nyamira pending the hearing and determination of the application,” read the order.
 
At first, the order had sunk the hopes of the ex- West Mugirango legislator of becoming Deputy Governor in the Amos Nyaribo led county government as 2022 polls draw near.
 
However, the Thursday ruling will rekindle hope for Dr Gesami even as he takes up on other roles as the special programs advisor in the office of the governor.
 
“The petitioner did not demonstrate a prima facie case with a likelihood of success as would warrant the court to grant the said conservatory order,” Justice Maina said.
 
“I am also persuaded that the grant of a conservatory order would serve the public interest, as in my view that interest would be served by a purposive interpretation of the law as opposed to a narrow and a restrictive interpretation.

Further the petition has, any other prayers and it’s substrum will definitely not be rendered nugatory by refusal to grant conservatory orders.

In the premises, the application is dismissed with costs to the respondents,” stated part of the ruling.
 
The ruling now means Nyaribo can submit Dr Gesami’s name again for vetting and appointment as the deputy governor seven months after he assumed office of the governor in January.

Related story Gesami assumes DG roles despite rejection by assembly

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