Lobby wants new KPA board before Manduku's successor is hired

The recruitment of a new Kenya Ports Authority managing director to replace Dr Daniel Manduku, who resigned in March, is in  limbo.

A lobby group has filed a case seeking the restructuring of the board of directors before the replacement is done.

The Commission for Human Rights and Justice has moved to the court to stop the recruitment until a new board of directors is constituted to oversee the process.

Through Executive Director Julius Ogogoh, the lobby says the board as constituted cannot be trusted to recruit another MD as it failed to act on misappropriation of funds in the state parastatal in the past.

"The board failed to exercise proper oversight over the management of the state corporation and act on audit reports and audit queries, displaying blatant disregard for procurement rules and regulations under the previous holder of the docket, who resigned on March 27," he said.

CORRUPTION

The petitioner further accuses the board of remaining silence since the close of applications on April 24 despite various allegations of vested interests, politics and divisions.

Mr Ogogoh argues that under the current team, KPA has faced several damning allegations of corruption in tendering processes and mismanagement of public funds, therefore the public has lost confidence in its integrity and ability to conduct interviews fairly.

The lobby also says Kenyans are concerned that past KPA bosses have exited under unclear circumstances, coloured with allegations of corruption and mismanagement yet the board has not done enough to restore sanity in the state's most profitable entity.

"This casts aspersions on the competence and capacity of the board to appoint a new MD ... the entire board superintended the impugned tenure of Dr Manduku," the petitioner says.

"To restore public confidence in the integrity of the selection process, it is prudent upon this court to grant injunction for reconstitution and appointment of a new board before the interview and subsequent recruitment of a new managing director."

RECRUITMENT PROCESS

In the case filed on Friday, the lobby also says it wants the interview process stayed until the coronavirus is contained and the nationwide curfew lifted.

Pending the inter-parties hearing and determination of the petition, Mr Ogogoh says interviews and announcement of the appointment of the MD must be halted until the board publishes the full list of applicants in the local dailies.

He also wants all stakeholders and members of the public to give views on each applicant.

"An order mandating the board to ensure the entire interview process be transmitted on at least one television station of wide viewership, [as well as] an order allowing the board to publish the outcome and results of the interview process and the scorecard of each candidate in the position of MD," the petitioner said.

In an affidavit to support the petition, the executive director said he brought the case following allegations of lobbying, canvassing and possible political interference with the entire recruitment process.

He expressed fear that the state corporation will conduct the process contrary to articles 10, 35 and 232 of the Constitution on public participation, openness, the right to information, transparency and accountability.

The petition is hinged on the article 232 of the Constitution on values and principles of public service, which requires the appointing authority to involve the people in the process of policy making, accountability of administrative acts, transparency and provisions to the public of timely and accurate information.

INCAPACITATED

The lobby further said that due to measures to contain the spread of the coronavirus and the rapid of cases in the country, the board is incapacitated and cannot conduct interviews in a free, fair and accountable manner since some of the applicants may be unable to attend physically.

Mombasa was identified as one of the virus epicentres and placed under a lockdown, with cases increasing in parts such as Old Town.

The executive director said the position KPA boss has become lucrative, hence attractive, over the years, to the extent that it is susceptible to lobbying and canvassing among business elites, the political class and cartels, at the expense of merits, integrity and inclusivity, hence the erosion of public confidence.

Mr Ogogoh said, "The position is a lucrative one, with high stakes and a strong bearing on the regional and national economy so the process of recruiting such an individual cannot be undertaken through online platforms due to considerations beyond academic credentials."

He added, "The granting of the orders will not impede the work of KPA since there is no vacuum as the board has already appointed a managing director in acting capacity."

The board of directors to be appointed will, according to the petitioner, incorporate public participation in the process of recruiting a new chief executive

The court will give directions on the matter on May 11.