Confusion has hit City Hall after the county governor Ann Kananu obtained an order seeking to compel Central Bank of Kenya (CBK) to make changes to signatories to bank accounts a few days after re-organising her government.
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 had 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 roles.
He further says the person who replaced him is not qualified to be appointed in the position because he has to be vetted.
In the changes made through an executive order on July 5, the county boss moved the head of treasury Joseph Gathiaka to the acting chief officer Finance, while Brian Kisali was moved from the deputy director disaster management to the acting chief officer disaster management and coordination.
Elizabeth Njau was moved from deputy director trade to the acting chief officer trade, commerce and industrialization while Mr Sahal was moved from chief officer finance to chief officer health.
Following 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 operations of the County are likely to ground to a halt as the County Executive Member of Finance has already highlighted the reorganisation as tainted with illegality and is, therefore, unable to act on the Governor's instructions to effect bank mandate changes hence services are likely to ground to a halt and employees left unpaid if the current standoff continues,” Mr Sahal said.
He told Justice Ocharo Kebira that the potential for loss of public finances as well as the disruption of the processes over the assumption of the office are compelling reasons for the court to intervene.
Mr Sahal says the actions of the Governor have no legal backing and justification. “Importantly so and in complete disregard of the law, the redeployments affect staff who are qualified having been replaced with unqualified persons,” he alleged.
Ms Sahal’s case will be heard on July 28.