The High Court in Meru has paved the way for the vetting of Linda Gakii Kiome as the nominated Deputy Governor of Meru County to proceed, following a judgment dated May 19, 2025. Justice S.M. Githinji ruled that the Independent Electoral and Boundaries Commission (IEBC) must gazette a returning officer to clear Kiome within seven days, or she will be deemed cleared automatically. This decision addresses the IEBC’s refusal to act due to an improperly constituted commission, which had stalled the approval process. The court found this inaction a violation of Kiome’s constitutional rights, ensuring her vetting can now move forward.
Kiome’s nomination came after Reverend Mutuma M’Ethingia assumed the governorship, creating a vacancy for the deputy position. The IEBC’s failure to appoint a returning officer, citing a lack of a quorate commission, was deemed unlawful by the court. Justice Githinji emphasized that such a delay unjustly prevented Kiome from fulfilling her role, despite meeting all eligibility criteria. The ruling underscores the court’s duty to protect fundamental rights and ensure governance continuity in Meru County.
The judgment highlights a legal principle that public offices cannot remain vacant due to procedural gaps. The court referenced past cases, like Omwoyo v IEBC, to argue that administrative formalities, such as gazettement, should not block qualified individuals from assuming office. This decision reflects a broader commitment to equity, ensuring that procedural lapses do not undermine constitutional mandates. Kiome’s case illustrates the tension between legal processes and the practical need for stable leadership.
The County Assembly of Meru, represented by its clerk Jacob Kirari, and the County Government, through County Secretary Dr. Kiambi JT Atheru, supported Kiome’s petition. They argued that the IEBC’s delay prejudiced her and disrupted governance. The court’s order now allows the assembly to resume the vetting process, potentially leading to Kiome’s approval. This ruling not only addresses Kiome’s immediate situation but also sets a precedent for handling similar disputes in the future.
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