Three Nairobi residents have moved to court to challenge the fact that Nyeri County Executive Committee members appointed by the late Nderitu Gachagua are still in office.
Mr Benard Ngiri, Mr Denning Omungo and Ms Catherine Wangui argue that following the death of Mr Gachagua on February 24, the six CECs ceased holding office.
The three are now faulting the current Governor Samuel Wamathai, who was sworn in on February 27, of ignoring the provisions of the law and allowing the six CECs to continue to serve.
They argue that the ministers did not even get the approval of the Nyeri County Assembly.
The three want an order issued barring County Secretary Alice Wachira, Erastus Karanja Muriuki (Education, Lucy Mugure Wanyitu ( Youth and Sports) from holding office.
Others are Robert Thuo (Agriculture), Timothy Ngunyangi (Water and Environment), Stanley Miano (Tourism) and Charles Githua (Health and acting CEC Finance).
High Court judge Enoch Chacha Mwita has certified the case as urgent and directed that the matter be transferred to Nyeri .
The ministers were sworn in following the advice of Attorney-General Githu Muigai.
Mr Muigai, in the precedent-setting move, argued that an officer who had served in the previous administration is deemed to have been vetted and enjoyed the confidence of the county administration.
“In these circumstances, the question of vetting of suitability of such a member retained does not arise and the mere fact of retention is a strong presumption of continued confidence by the new county administration,” a letter addressed to Assembly Speaker David Mugo said.