The High Court on Tuesday struck out a case challenging the appointment of the former Nakuru County CeC for Trade Industrialization, Tourism and Wildlife.
In a ruling made by Lady Justice Abigail Mshila, the court found that it has no jurisdiction to declare the appointment of Samuel Gitau as illegal and unconstitutional.
The Counties Efficiency in Development (Cedev), a non-governmental organisation, had moved to court on May 13, 2014, claiming the appointment was on the basis of falsified credentials saying the CeC was not a holder of a first degree.
They claimed that Gitau had earned the benefits, allowances and honours as the holder of that office illegally and sought to have the same computed and refunded.
They further urged the court to declare the process of nomination, short-listing, vetting, appointment and assumption of the office declared null and void.
Gitau's lawyer had argued that until an investigation into the authenticity of his client's credentials is done by a competent body and he is found guilty, the demands in the petition should not be granted.
The Lady Justice noted that the court had no reason to grant prayers sought by the petitioner since no application was made to the Public Service Commission which is the body vested with powers to determine the dispute in the first instance.
The Auditor General's report of the financial operations of the Nakuru County Executive for the 2013/2014 period questioned the CeC's hiring process.
“It was not clear how the member’s resume was scrutinised or why reference from the former employer was not sought. He resigned in May 2014 after a salary totaling Sh2,632,500,” the report notes.