The High Court has ordered IEBC chief executive officer Marjan Hussein to gazette the name of Evans Kapkea as Deputy Governor nominee for Uasin Gishu county so that he can be sworn into office.
Justice Reuben Nyakundi gave the order following an application by Uasin Gishu county seeking to have the name gazetted after he was vetted and approved by the county assembly.
The county, through its solicitor BK Bulbul, filed a petition at the court acting on a directive by Governor Jonathan Bii.
Bulbul argued that Governor Bii and the county assembly had discharged their mandate as concerns the process of filling up the position of DG for the county.
Bulbul argued that in the absence of a duly constituted IEBC, there was a need for a court order for the IEBC boss or the commission secretariat to gazette the name of Kapkea in compliance with the law to facilitate his swearing into office.
“A declaration is hereby made that in the absence of a duly constituted IEBC, the chief executive officer to issue a gazette notice in the name of Evans Kipruto Kapkea as the nominated/appointed deputy governor of Uasin Gishu county," the ourt order reads in part.
Justice Nyakundi ordered that the gazette notice be done within seven days failure to which the governor, as the appointing authority, be at liberty to initiate instruments of gazettement to the government printer of the name of the nominee to pave the way for his swearing-in and assumption of office with immediate effect.
Kapkea was nominated by Governor Bii last month to replace former Deputy Governor John Barorot, who resigned.
He was cleared by the county assembly, but his name was not gazetted as required by law to pave the way for his swearing-in, which has delayed for the last month
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