Fresh trouble is brewing at the Kenya Literature Bureau (KLB) after Education PS Belio Kipsang rescinded a board decision to appoint an acting managing director for the state-owned company.
Dr Kipsang rescinded the appointment of Kenneth Jumba as acting managing-director hours after the board, chaired by Dr Rispa Wepukhulu, replaced the incumbent Victor Lomaria.
A message from Wepukhulu to senior management urged the team to cooperate with Jumba in the discharge of his duties.
But PS Kipsang reversed the move hours after the letter landed on his desk and ordered Lomaria, who had been sent on compulsory leave until the end of his term on August 31, to return to office.
"The status quo to this letter remains. Meanwhile, you are required to submit curriculum vitae of all managers of the Bureau to the Principal Secretary to facilitate consultations on the appointment of the acting managing-director before the expiry of the term of the current managing-director," Kipsang said in the letter to Wepukhulu.
The board has vowed to stay put, claiming that Lomaria has been sent on terminal leave.
The latest twist comes amid fierce court battles from various quarters, including employees, against Lomaria, seeking his removal and an attempt to set aside a new organisational structure.
A source told the Nation that apart from the fact that Lomaria's tenure has expired, some people are eyeing millions of shillings from a tender to print textbooks for public schools.
KLB has won the tender to print and publish millions of textbooks for public primary and junior secondary schools that will start Grade 9 intake January 2025.
Lomaria has claimed that his tenure was extended by the then CS Education Amina Mohammed in September 2019 for five years, which expires on August 31, 2024.
This has been refuted by Catherine Wanjiru Njuguna, who says the term of the CEO is three years, renewable once.
She has also challenged a new organisational structure that was put in place while a case was pending in court.
Lomaria, for his part, said the structure was approved by the Public Service Commission in March before it was implemented.
He said KLB approached the PSC to review the human resource instruments and the proposed new structure, and in a letter dated May 21, 2024, the commission approved the new organisational structure and directed him as managing-director to take the necessary steps to implement it.
“It is therefore false and vexatious for the petitioner to allege that the 1st Respondent (KLB) has implemented a HR Structure without the requisite approval from the Interested Party (PSC),” he said.
Wanjiru approached the court seeking several orders, including a declaration that Lomaria is illegally in office after completing his second and final term at KLB in September 2022.
The petitioner also sought an order quashing a new organisational structure at KLB and appointments made by the board, arguing that the move was unconstitutional as PSC approval was never sought.
Employment and Labour Relations Court judge Anna Mwaure Ngibuini directed the parties to file their submissions and appear before her on July 27 for mention of the case and a date for judgment.
In a separate case, 35 unionised workers have accused their employer of discrimination and unfair treatment compared to non-unionised workers. The case will be heard on October 29.
The workers, who are members of the Kenya Union of Printing, Publishing and Allied Workers (Kupripupa), went to court to compel KLB to pay them Sh16.9 million, which they claim is the salary increase for a period of 21 months.
The workers also wanted the employer to stop discriminating against them in terms of their employment contracts, audience and participation, and pension scheme, among other things, pending the hearing and determination of the case.
According to court documents, several temporary staff who should have been given permanent contracts were overlooked and the managing director allegedly hand-picked his preferred candidates without regard to competitiveness and merit.
A source said the new structure, in which KLB has 160 permanent employees, could not accommodate the many general managers.
The permanent staff claim that since Lomaria took over, he has stopped the payment of annual increments to staff and approved bonuses.
"The new appointments amount to a disingenuous attempt to hoodwink the staff members and the court into approving irregular and unprocedural promotions of a few favoured individuals without the requisite qualifications and track record of performance contrary to Fair Administrative Action Act and criteria on appointments in the public sector,” the petition said.
