Former Murang’a Senator Kembi Gitura will continue serving as the chairperson of the Communication Authority (CA) board, a Nairobi court has ruled.
In a ruling delivered on Wednesday, the Employment and Labour Relations Court dismissed a petition challenging the appointment of Gitura to CA by President Uhuru Kenyatta in March this year.
The case was filed by a citizen Benedict Kabugi Ndung’u who argued that the appointment for a three-year term was irregular.
Before being moved to CA, Gitura served as chairperson of the Kenya Medical Supplies Authority (KEMSA) board.
KEMSA is under probe over mismanagement of Covid-19 tenders.
The agency is accused of having procured Personal Protective Equipment (PPEs) at a double market price leading to a loss of billions.
In the case, Ndung’u argued that the Head of State failed to form a select panel to conduct the recruitment of the board’s chairman.
“The impugned appointment is by all means procedurally flawed and ultra vires the lawful powers bestowed upon the appointing authority,” Ndun’gu said in the petition filed through lawyer Adrian Kamotho.
“The appointment of the interested party (Gitura) herein is arbitrary and excludes other eligible members of the public from competitively bidding for the position.”
However, Justice Nzioki Makau ruled that it was the discretion of the President to appoint the chair of a state agency.
“From the foregoing, the order that commends itself is one dismissing the judicial review in its entirety and given the fact that in public interest matters, a court is well guided to consider not granting costs,” Judge Makau ruled.
President Kenyatta revoked Gitura’s appointment to KEMSA board on April 28.
He replaced Gitura with Mary Mwadime as the chairperson of the board.