Three members of the Nairobi Metropolitan Area Transport Authority Board have suffered a blow after the Employment and Labour Relations Court quashed their re-appointment.
Justice Nzioki Makau nullified the Gazette Notice dated February 5, published by Transport CS James Macharia on grounds that the appointees were from one ethnic community.
According to the Judge, the three officials, Mary Waithigieni Chege, Zachariah Karenge Mungai and Ronald Ndirangu Ndegwa who had been re-appointed for a period of three years did not represent the diverse fabric that is the Kenyan nation.
Nzioki revoked their re-appointment saying it was unconstitutional, unlawful for the wanton disregard to the national values espoused in the constitution.
“Their appointment, therefore, smacks of evils of old which Kenyans opted to do away with in the new constitution. The only inevitable outcome is an order quashing the gazette notice,” he said.
The Judge further noted that their re-appointment failed to meet the substantive and procedural, constitutional and statutory requirements applicable in Public Service Appointments.
“It is 2021, the constitution has been in existence for the last 11 years, under article 10 of the constitution, it behaves all Kenyans to uphold the national values and principles of governance and more so all State organs and State officers and public officers,” he said.
The suit had been filed by the Law Society of Kenya who argued that the re-appointment of the three ought to be quashed as the appointments were made without following laid out requirements.
Through lawyer Manwa Hosea, LSK argued that the re-appointments did not take into consideration regional and ethnic representation and thus disregarded the rule of law, equity, exclusivity, good governance, transparency and accountability as provided under Articles 10 and 232 of the Constitution.
