Decision to send KPA boss Mturi-Wairi home suspended
What you need to know:
- The court suspended the implementation of the decision by the KPA board of directors to send Mturi-Wairi on compulsory leave and to appoint Dr Daniel Manduku as the new MD in an acting capacity.
- Justice Eric Ogola issued the orders pending hearing and determination of the application by Mombasa resident Emmanuel Chengo Kenga, the petitioner.
The High Court has suspended the forced exit of Kenya Ports Authority (KPA) managing director Catherine Mturi-Wairi and the subsequent appointment of Daniel Manduku to the position in an acting capacity.
Judge Eric Ogola on Tuesday issued the temporary order suspending the implementation and the decision of the KPA's board of directors to send Ms Wairi on leave and appoint Dr Manduku.
Justice Ogola, of the Constitutional and Judicial Review division of the High Court, issued the orders pending hearing and determination of an application by a Mombasa resident Mr Emanuel Chengo Kenga.
Mr Kenga has sued KPA, Transport Cabinet Secretary and the Attorney General.
Ms Wairi and Dr Manduku have been named as first and second interested parties respectively.
According to the application by Mr Kenga, KPA board of directors proceeded to unconstitutionally and un-procedurally send Ms Wairi on compulsory leave.
Constitute quorum
Mr Kenga said the decision of the board of directors was illegal on account that majority of their terms of office had lapsed hence the remaining members could not constitute quorum to call for a special or general meeting.
He further argued that according to the KPA Act, an MD shall be appointed by the minister after consultation with the board.
“The actions by KPA board of directors are as a result of a legally flawed process,” said Mr Kenga in his application.
He added that there has been use of non-transparent criteria by the board of directors in sourcing and appointing Dr Manduku as the new MD and that he has never worked at KPA at all.
“No prejudice will be suffered if such a conservatory order is issued to stay the implementation of the board of directors of KPA,” said Mr Kenga in his application.
Created tension
According to Mr Kenga, the issues have created a lot of tension at KPA as an institution culminating to serious divisions of the workforce that is likely to affect morale and production.
The court also directed Mr Kenga to serve the respondents with the suit papers and the orders through a notice in a newspaper.
The application will be heard inter-parties on June 12.
Earlier Tuesday, in a separate case, activist Okiya Omtatah had gone before the Employment and Labour Relations Court seeking the suspension of the decision to sack Ms Mturi-Wairi
