Court suspends Nkaissery's move to send Nacada chair Mututho on retirement
Nacada chairman John Mututho addresses journalists after opening the Kenya Pharmaceuticals Association's general meeting at Greenhills hotel in Nyeri on May 28, 2016. The High Court has temporarily stopped Interior Cabinet Secretary Joseph Nkaissery from retiring Mr Mututho. PHOTO | JOSEPH KANYI | NATION MEDIA GROUP
What you need to know:
- Justice George Odunga said Mr Mututho had established sufficient grounds to warrant the order to be issued.
- The judge said the order will temporary pending the hearing and determination of the case.
- Through lawyer George Kithi, he argued that the decision was unlawful since the Cabinet secretary has no powers to sack him because he was appointed by the President after being approved by the National Assembly.
The High Court has temporarily stopped Interior Cabinet Secretary Joseph Nkaissery from retiring anti-drug abuse agency Nacada's chairman John Mututho.
Justice George Odunga said Mr Mututho had established sufficient grounds to warrant the order to be issued.
The judge said the order will be temporary pending the hearing and determination of the case.
Mr Mututho had sued on Thursday challenging the decision to retire him via a letter dated September 6.
UNLAWFUL DECISION
Through lawyer George Kithi, he argued that the decision was unlawful since the Cabinet secretary has no powers to sack him because he was appointed by the President after being approved by the National Assembly.
He also claimed that he had been at the forefront of fighting graft and that it was in bad faith to send him on retirement after he had declined to be transferred to the Transport and Licensing Authority.
The judge agreed to suspend the decision to retire him.
The case will be mentioned on October 4 for further directions.
