BY SAM ALFAN.
The Employment and Labour Relations court has quashed the appointments made by Trade SC Betty Maina to the National Standard Council saying the process was not competitive.
Activist Okiya Omtatah successfully argued for the quashing of the six board members arguing that they were not subjected to a transparent, competitive and merit-based process.
He argues that board met of Kenya Bureau of Standards chief Bernard Njiraini and Bernard Ngore among others were handpicked contrary to the law, yet the process should be open to public participation
Justice Maureen Onyango agreed with the argument stating that the appointments were not made as required by the law. Others were Lawrence Wahome, Terry Kiunge Ramadhani and Linton Nyaga Kinyua.
“A declaration is issued that the appointment of the chairperson and independent members of the NSC was done 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,” the judge said.
The judge further said it was illegal for the CS to purport to replace an appointee of the president Ken Wahome Matu with Ngore was illegal because a CS cannot override the President.
The activist argues that Mr Mwatu was a presidential appointee and the CS cannot purport to revoke such as an appointment because he cannot override the President.
The judge compelled CS Maina, Public Service Commission, state corporation advisory committee and the Attorney General to appoint a new chairperson and independent members in compliance with the constitution and the law.
The court at the same time, dismissed a case seeking to overturn a decision that allegedly placed the Kenya Medical Supplies Agency (Kemsa) under the military.
Justice Onyango said that none of the petitioners in the case tabled evidence before her to show that Kenya Defence Forces officers or the National Youth Service had taken over the agency’s premises in Industrial Area.
The court further dismissed an application that was challenging Kemsa decision from declaring redundant or terminating services of its staff.
According to the Judge, the application is speculative and pre-emptive as none of its members have been declared redundant.
In the case KMPDU argued that KEMSA had threatened to undertake mass sacking of its more than 900 staff members and purported to enlist new staff from KDF and NYS against the constitution.
