BY SAM ALFAN.
The appointment of five members of the Tourism Regulatory Board for a period of three years has been suspended.
Employment and Labour Relations Court Judge Hellen Wasilwa suspended appointment of the five board members appointed by Tourism Cabinet Secretary Najib Balala last week.
“An interim order is hereby issued suspending the gazette notice dated August 7,2020 notifying appointment of the interested parties as members of Tourism Regulatory Board for a period of three years effective August 7,2020 pending hearing and determination of this application” ruled the judge.
This is after Law Society of Kenya moved to court challenging appointments of NEPAD Kenya Secretariat communications officer Pauline Njoroge, Alais Lenana Momoi, Isaac Muchiri Njangu and Najma Ismael to the Tourism Regulatory Board.
LSK termed their appointments are unconstitutional, illegal, unlawful and null and void as they were done in total disregard of substantive and procedural and statutory requirements applicable to public service appointments and the five are most unsuitable persons for the positions so appointed.
According to the LSK, the appointment of the five by Balala contravenes the provisions of the section 8(1)(g) of the Tourism Act No. 28 of 2011 which requires that members of the board to be nominated or selected through competive process taking into account expertise in tourism or tourism – related discipline.
The legal profession told the court the imminent danger of not stopping the said appointment, the board will end up with the most unsuitable members on account of having been handpicked and selected through a process that is not open, transparent and competitive contrary to the law.
It argues that if the court doesn’t stop the appointment of the five, it will cause irreparable harm to the public since the five will be sitting in positions that holds the highest fiduciary and policy interest of the Tourism Regulatory Authority Board and will make decisions that not only bind the public but incur expenditure against public interest.
The suit comes days after CS Balala revoked the appointment of Pauline and replace her with Najma
