A litigant has challenged the continued tenure of Kenya Rural Roads Authority (KeRRA) board chairperson Prof Oyuko Mbeche after his term allegedly expired in October last year.
Mr Shadrack Muriithi says in the petition, which has been certified as urgent, that Prof Mbeche has been illegally in office as a member and chairperson of KeRRA, having served two terms, or six years cumulatively, even though his term expired on 2 October 2022.
Labour and Employment Judge Justice B.O. Manani directed Mr Murithi to serve the court papers on Prof Mbeche, Attorney-General Justin Muturi and the Public Service Commission (PSC) within five days.
Mr Murithi had sought an order restraining Prof Mbeche from conducting or transacting any business in his capacity as a member or chairperson of KeRRA pending the determination of the case.
“Despite knowing that his second and last term expired on or about 2nd October 2022, the 1st Respondent (Prof Mbeche) has continued to chair Board meetings, approve policies and conduct all the businesses of the 2nd Respondent’s Board illegally, unlawfully and unconstitutionally,” Mr Muriithi said in the petition.
He says Prof Mbeche was appointed to be a member of the board on August 1, 2016, for a period of three years. The term expired in August 2019 and he was reappointed for another three-year, second and final term in 2019.
“That the continued stay in office by the 1st Respondent after the expiry of his two terms of office constitutes a gross violation of the rule of law, which is one of the national values and principles of governance,” Mr Muriithi said.
He said the board of KERRA as currently constituted is unconstitutional and the decisions it continues to make in the day-to-day running of its activities are, therefore, null and void.
Mr Murithi through the law firm of Ong’aya Ombo Advocates LLP said all the policies, resolutions and other meetings approved by the board as constituted by Prof Mbeche are unconstitutional and illegal.
He further said having retired from the University of Nairobi as a civil servant upon attaining the age of 60 years, the appointment allowed Prof Mbeche to work in public service beyond the mandatory retirement age of 70 years.
