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Court bars removal of Nairobi Acting County Secretary Jarius Musumba

Nairobi Acting County Secretary Dr Jairus Musumba has been handed a temporary reprieve after the High Court stopped the County Assembly from replacing him.

This is after Justice John Chigiti issued orders quashing the decision of the Nairobi City County Assembly that rejected his nomination.

Dr Musumba was last week rejected by Members of the County Assembly (MCAs) who ruled that he had not met the threshold of being nominated to the position.

However, Kariokor MCA Hashim Kamau moved to court to stop the assembly’s move.

In an order issued on March 23, 2022, Justice Chigiti stopped Governor Johnson Sakaja from appointing another officer other than Dr Musumba until the matter is determined.

The ruling, therefore, means that Dr Musumba will remain in office upto May 8, 2023, when the case will be heard.

Also, the court directed the Speaker and the County Assembly to retable the second report on the vetting of Musumba for the position of the County Secretary under strict adherence to the laid down procedures in law.

“The pending hearing and determination of this application, this honourable Court be pleased to issue interim conservatory orders suspending the tabling, debating and considering and / or acting upon the report of the nominee for the position of County Secretary by MCA,” part of the court’s order reads.

The rejection of Dr Musumba was based on the report tabled before the House by the Select Committee on Appointment.

“The nominee lacks suitable academic and professional background and qualifications to serve in the position of the county secretary having spent almost the entire his academic work and work experience in the field of public health,” part of the report reads.

During the debate on the report, Majority Leader Peter Jateso Imwatok argued that Dr Musumba has been in office for two years as acting County Secretary, which is illegal.

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