BY SAM ALFAN.
Activist Okiyah Omtatah has challenged the re-appointment of Michael Rotich Sialai as clerk of the National Assembly.
In a suit filed before the Employment and Labour Relations Court, the activist wants the court to quash Sialai’s, saying he has attained mandatory retirement age of 60 years.
He further wants the court to compel the Parliamentary Service Commission to immediately commence the recruitment of substantive clerk, strictly according to the law.
Omtatah further wants the court to issue a permanent injunction prohibiting Sialai from assuming the office of the clerk when his retirement time reaches on May 26, 2021, and in the event it will not have recruited substantive clerk.
“A declaration that the appointment of Michael Rotich Sialai as the clerk of National Assembly on contract with effect from May 26,2021 to July 31,2022 after he attained the age of 60 years mandatory retirement age in the Parliamentary Service without the approval of the house is unlawful, unconstitutional and therefore invalid, null and void, ” Omtatah urges court to declare.
In his court papers, he further seeks the court to declare upon attaining mandatory retirement age of 60 years on May 25 this year, Sialai should vacate the office of the clerk of National Assembly.
He also urged the court to declare the power to appoint a clerk is jointly vested on the Parliamentary Service Commission and National Assembly.
Omtatah wants the court to award him Sh. 10 million from the Judicial Service Commission for contravening his rights to access information under the Constitution and the access to information Act. No31, 2016.
Justice Maureen Onyango certified the application urgent and directed it to be heard on May 6.
