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Confusion over new Kenyan government

14.08.2022

After re-organising her government, a confusion hit City Hall after the county governor Ann Kananu received an order compel Central Bank of Kenya CBK to change signatories to bank accounts.

However, Mr Mohamed Sahal, who was replaced as chief officer finance and taken to the health docket, also obtained orders blocking Ms Kananu's changes.

Ms Kananu filed the case before the Constitutional Division of the High Court while Ms Sahal moved to the Employment and Labour Court, saying the reorganization was illegal.

Justice Hedwig Ong udi certified Ms Kananu's case as urgent and directed the case to be heard on July 26.

Ms Sahal says in his petition that the made through executive order on July 5 is likely to impede the transition process because he had been appointed to the assumption of office of the county governor committee and assigned positions.

He says the person who replaced him is not qualified to be appointed because he has to be vetted.

In a change made by an executive order on July 5, the county boss moved the head of treasury Joseph Gathiaka to the acting chief officer of finance, while Brian Kisali was moved from the deputy director of disaster management to the acting chief officer of disaster management and coordination.

Elizabeth Njau was moved from deputy director trade to acting chief officer trade, commerce and industrialization, while Mr Sahal was moved from chief officer finance to chief officer health.

After the changes, the chief executive officer for finance Allan Igambi wrote to CBK not to recognise the changes and the signatories remained the same.

The County's operations are likely to go to a halt as the County Executive Member of Finance has already highlighted the reorganisation as tainted with illegality and is unable to act on the Governor's instructions to effect bank mandate changes, so services are likely to be halted and employees left unpaid if the current standoff continues, according to Mr Sahal.

He told Justice Ocharo Kebira that the court's ability to intervene is compelling, given the potential loss of public finances and the disruption of processes over the assumption of office.

The actions of the Governor have no legal backing and justification, according to Mr Sahal. He claimed that the redeployments affect staff who are qualified and in complete disregard of the law.

Ms Sahal's case will be heard on July 28.