Now MP sues Kimunya in row over port appointments

An MP on Monday sued Transport minister Amos Kimunya over the contentious appointment of Kenya Ports Authority directors.

Malindi’s Gideon Mung’aro claimed Mr Kimunya was motivated by nepotism and malice in filling the vacancies in the KPA board. Read (Coast MPs fail to take common stand over KPA appointments)

“Appointing the board in the manner he did is to deny the board independence with an agenda and intention to benefit himself and members of his ethnic community and also to ensure that members of his ethnic community are the majority in the board with a view to influence decisions in the board,” says the suit filed by the MP.

Last month, Mr Kimunya appointed Mr Bernard Gaithuma Njuguna, Ms Eunice Wanja Njeru, Ms Khadija Karim, Mr Abdalla Mohamed Abdalla Fadhil and Mr Komora M. Jillo to the board, sparking protests, with Coast MPs accusing the minister of putting tribal interests ahead of the national good.

Mr Mung’aro wants the court to allow him to apply for the cancellation of the appointments and to stop the new directors from taking office.

The MP filed the application at the Judicial Review Division of the High Court in Nairobi.

He has sued Mr Kimunya both in his personal capacity and as the Transport minister. The case begins Tuesday morning before Mr Justice Mohammed Warsame.

The Malindi MP argues that the decision violated the national values and principles of governance which demand that public appointments must reflect the face of Kenya.

“He has failed as a State officer to serve people and instead had demonstrated intolerance, jingoism and power to rule at his will and whim,” he claims.

The MP also argues that the appointments were unfair, arbitrary and unjust and driven by the desire to control State resources at the expense of other Kenyans.

Ministerial statement

Meanwhile, KPA chairman Shukri Baramadi was questioned for about three hours by the National Cohesion and Integration Commission (NCIC) over the constitution of the board.

However, Mr Barmadi declined to speak to journalists. “No comment,” he said before he was driven off.

Mr Kimunya is expected to appear before NCIC this week.

At the same time, Wundanyi MP Thomas Mwadeghu said he would demand a ministerial statement from Mr Kimunya.

“Even if these appointees were alternate members does it mean that they should come from one community?” Mr Mwadeghu asked in Voi.

The MP also accused the minister of secretly renewing the term of the Kenya Maritime Authority (KMA) board, with three members from the same community.

The minister further extended the contract of the KMA chief executive Nancy Karigithu for a third term. The law provides for two terms only.

This comes at a time when Mombasa Republican Council is calling for secession over alleged social injustices since independence.

They cite unemployment, land crisis and poor representation in government among other grievances.

The KPA appointments have also been condemned by the Mijikenda Youth Forum, Fisheries minister Amason Kingi, nominated MP Sheikh Mohamed Dor and the Council of Imams and Preachers of Kenya.

Additional reporting by Peter Ngetich