Lawyer Ham Lagat shakes his colleague lawyer Felix Kiprono’s hand after the high court suspended a decision by water CS Eugene Wamalwa dissolving the Irrigation board BY Sam Alfan
The high court has suspended a decision by Water and Irrigation CS Eugene wamalwa to dissolve the National Irrigation Board (NIB).
Delivering a ruling on May 16, Justice George Odunga said that the minister acted in excess of his powers to disband the board.
He said that pending the hearing and determination of the application filed by lawyer Felex Mategei, the board should continue carrying out its business.
The CS dissolved the board on Thursday last week following a standoff between him and some of its members over the suspension of the General Manager Daniel Barasa and two other senior managers – Mary Chomba and Boaz Akello.
The three are accused financial impropriety.
Mr Wamalwa on May 12 disbanded NIB for allegedly defying his directive to reinstate suspended management members.
The CS had ordered the board members to unconditionally reinstate the suspended managers failure to which the board will stand disbanded.
CS Wamalwa said that the board had not consulted him before suspending the chief executive officer and law was not followed.
“ The CS decision to dissolve the board is unconstitutional and illegal as it tends to depict on the face of it enormous bias and breach of the laws governing state corporations,” the Judge said.
He had opposed the suspension of the three managers on the grounds that the board acted um-procedurally.
He had ordered the board, chaired by Dr Sammy Letema, to reinstate the managers failure to which he would invoke his powers as the CS to dissolve it.
His contention is that the board was never informed in writing of the CS decision to disband it and it was until they saw it in the media .
Mategi further says the purported dissolution and appointment of … Gitonga Mugambi.. as acting CEO sends a dangerous precedent and the spirit of separation of powers and the rule of law.
The case will be heard on May 31 2016.
