Kebs managing director insists his appointment is valid
What you need to know:
Activist Okiya Omtatah is seeking Mr Njiraini’s removal from office, claiming that he was ‘handpicked’, thus violating appointment guidelines.
But the Kebs boss claims the petition is founded on “public documents” obtained in breach of the Constitution and accuses Mr Omtatah of using the case to advance personal interests.
Kenya Bureau of Standards (Kebs) Managing Director Bernard Njiraini has defended his appointment and asked the High Court to dismiss a petition against him.
He was appointed by then Trade Cabinet Secretary Peter Munya following recommendations by the National Standards Council (NSC).
“The law and Standards Act give the Trade CS the legal leeway to choose any of the names forwarded to him by the NSC for gazetting and appointment,” Mr Njiraini states in an affidavit.
Activist Okiya Omtatah is seeking Mr Njiraini’s removal from office, claiming that he was ''handpicked'', thus violating appointment guidelines.
“The appointment was not by coincidence or favouritism as portrayed by the petitioner, but it was based on my sterling performance, competence and professional and academic qualifications,” says Mr Njiraini.
Through lawyer Titus Koceyo, the Kebs boss claims the petition is founded on “public documents” obtained in breach of the Constitution and accuses Mr Omtatah of using the case to advance personal interests.
The lawyer insists the petition is an abuse of the court process since Mr Omtatah relies on evidence whose source is questionable and should be dismissed with costs.
Mr Omtatah has sued Mr Njiraini, Mr Munya, the Public Service Commission and the State Advisory Committee.
Others in the case are Mr Bernard M. Ngore (chairperson NSC), NSC members Mary Wanja Matu, Hellen Kabeti Nangithia, Fouzia A. Abdirahaman, Patrick M. Musila, Edward Njoroge, Eric Mungai, Gilbert Lang’at and Rogers Ochako Abisai.
High Court Judge Maureen Onyango will give further directions on June 2.
Meanwhile, MPs on Tuesday put Mr Munya on the spot over the alleged unlawful appointment.
Documents tabled before the National Assembly’s Trade and Industry Committee indicate that Mr Njiraini was sixth in the interviews conducted by the NSC between August 19 and August 20 last year.
Mr Geoffrey Karau was tops with 76 per cent, followed by Mr Nixon Sigei (74 per cent) and Mr Martin Chesire (72 per cent). Mr Njiraini scored 64 per cent.
But Mr Munya, on August 30, 2019, appointed Mr Njiraini to the post following the exit of Mr Charles Ongwae, who is facing abuse-of-office charges.
Kebs’ human resources manual states that only the top three candidates' names should be forwarded to the CS for consideration.
