Kenya Ports Authority (KPA) has suffered a setback after a Mombasa court temporarily suspended the appointment of John Mwangemi as acting managing director of the parastatal.
The Employment and Labour Relations Court in Mombasa issued the orders that effectively creates a leadership vacuum at KPA.
“An order is hereby issued quashing the decision of Cabinet Sectaries Ukuru Yatani(Treasury) and James Macharia (Transport) and KPA and executed by Dr Yatani on July 1, where by Mr Mwangemi was appointed the KPA’s acting MD without following the due process,” Justice Byram Ongaya said in the order dated July 7.
The Judge has also certified as urgent the case that was filed by the Commission for Human Rights and Justice (CHRJ).
Justice Ongaya also granted CHRJ leave to apply for judicial review orders of prohibition, restraining the respondent from retaining Mr Mwangemi as KPA's acting MD and carrying out duties as the firm's boss.
“The substantive notice of motion must be filed and served within three days with an endorsed hearing date fixed at the registry on a date not later than July 22, as the matter is certified urgent accordingly,” he said.
Through executive director Julius Ogogoh, the lobby group wants the appointment permanently annulled on grounds that it was done secretively and therefore violated due process of recruitment as provided for under both KPA Act and Public Service Commission Act.
“He neither applied nor shortlisted in the previous recruitment exercise that was done. The persons interviewed and shortlisted for appointment were rejected by Dr Yatani, who has arbitrarily and capriciously and secretively appointed Mr Mwangemi,” said the petitioner.
He argues that the Minister is supposed to make such an appointment in consultation with the KPA Board of Directors. But Mr Ogogoh also noted that the board is not properly constituted to operate as one. The terms of the board chairperson and three other members expired in June 5 this year.
“The entire process should be nullified,” he added.
Mr Mwangemi was appointed to the position in an acting capacity effective July 1. He replaced Mr Rashid Salim, who is on a three-month terminal leave ahead of his retirement in September.
Since Manduku’s resignation, the most profitable government agency has not filled the position substantively.
