BY NT CORRESPONDENT.
Reappointment of Gitonga Mugambi as the Chief Executive Officer of the National Irrigation Authority for a further term of three years with effect from August 1, 2020 has been suspended.
Employment and Labour Relations Court Judge Hellen Wasilwa suspended Gitonga’s appointment pending hearing and determination of the case challenging his reappointment.
This is after activist Okiyah Omtatah moved to court to stop the authority’s board and water cabinet secretary from extending Gitonga Mugambi term as the Authority’s CEO.
Omtatah is seeking to compel labour the Cabinet Secretary to appoint independent members of the Board pursuant to sections 9(1)(f), (g) and (h) of the Irrigation Act, 2019.
He further wants the court to compel the board and the cabinet secretary to competitively appoint a new CEO of the Authority strictly in compliance with the Constitution, national legislation, and government policy.
He is also seeking the Board and the cabinet secretary to be compelled to remove the Gitonga from the office of the CEO and to appoint an Acting CEO pending the competitive recruitment of the new substantive CEO of the Authority strictly in compliance with the Constitution, national legislation, and government policy.
He further seeks declaration that the National Irrigation Authority Board’s recommendation to the Cabinet Secretary to renew the Contract of Gitonga Mugambi was invalid null and void because, without independent members appointed pursuant to sections 9(1)(f), (g) and (h) of the Irrigation Act, 2019, the inquorate Board was incompetent to conduct any business under the law.
He wants the a declaration the board and Ministry of Water cabinet secretary impugned decision to handpick and appoint Gitonga Mugambi as the Authority’s CEO contrary to the law which requires that public office be filled through a transparent, competitive, inclusive, and merit based recruitment process open to public participation was irregular, unlawful, unconstitutional, invalid, null and void.
He argue that the decision by the cabinet secretary and the board to handpick and appoint Gitonga Mugambi as the Authority’s CEO without competitive recruitment is inconsistent with both the Constitution and it is unconstitutional.
He told the court Section 12(1) and (2) of the Irrigation Act, 2019 was violated to the extent that Gitonga Mugambi was appointed the Authority’s CEO without competitive recruitment.
