Health Cabinet Secretary James Macharia who has been stopped together with registrar Nursing Council of Kenya from conducting a recount of officials of the council, pending the hearing and determination of application challenging the action.
BY SAM ALFAN.
High court has stopped Health Cabinet Secretary and Registrar Nursing Council of Kenya from conducting a recount of officials of the council, pending the hearing and determination of application challenging the action.
Justice Joseph Onguto, said that the planned recount of votes that is to take place September 11 for the officials of the Council is halted until a determination of judicial review application is made by the court.
The judge said the applicant Lucy Kawira Gitonga, has shown that the CS is contravention of the law having refused to gazette member of the Council who duly elected.
Justice Onguto directed that the main application for judicial review be filed within ten days and leave granted should operate has stay of action by the CS.
The applicant through lawyer Alfred Nyandieka, told the court that the CS had ordered for the recount of votes, despite having received the elections results fro the term commencing 2015 for gazettement on July 20.
” The continued delay in gazettement has happened the operations of the Nursing Council which oversee functions affecting the both nurses and midwives in the country”, the lawyer told the court.
Mr Nyandieka said that CS and registrar nursing council of Kenya through improper delegates and in response to the demand by the board members elect now authorized an illegal recount of votes that intended to remove the duly elected members
The lawyer told the court, that the applicant was elected to board and result forwarded by the returning officer for gazettement as required by law.
The court heard that according to the election timetable and the Council practice, the board elect members ought to have been gazetted by August 14, but the same has not been done.
