Economy

Irrigation board boss challenges suspension over misconduct claims

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National Irrigation Board general manager Daniel Barasa. BD GRAPHIX

Suspended National Irrigation Board (NIB) general manager Daniel Barasa has moved to challenge his suspension, arguing that the decision was unlawful.

Mr Barasa says that the suspension was in breach of the law and terms of service for employees of the NIB, which was not disclosed.

In a case filed last week, he says that no notice of a special board meeting was issued before the ‘special meeting’ of April 21 was undertaken through which the decision to suspend him was made.

“The first respondent (NIB) arbitrarily converted a full board meeting scheduled for April 21 into a special meeting in breach of the law and full disregard of the already outlined agenda of the full board meeting of April 21,” says Barasa through court papers filed by his lawyers.

Through lawyer Gladys Mwangi and Company Advocates, Mr Barasa wants the court to make an order directing the NIB to unconditionally lift the suspension and reinstate him immediately pending inter parties hearing and determination of application.

The lawyers argue that Mr Barasa was not served with a show cause letter at any time and thus the suspension was unprocedural and unjustified.

Mr Barasa, together with two other officials were suspended two weeks ago on allegations of misconduct and financial misappropriation in procurement.

The suspension has been shrouded in controversies with Water and Irrigation Secretary Eugene Wamalwa having reinstated Mr Barasa and other officials a day after the board ordered him to pave the way for investigations.

READ: Storm in Parliament over Wamalwa’s recall of NIB bosses

Through a letter to the chairman, Mr Wamalwa accused the board of convening an ordinary meeting that it termed as ‘special board meeting’.

Mr Wamalwa said that the rights of the suspended officials were violated by the board by casting blanket accusation without mentioning the specifics of what they are accused of, saying that the move infringed on law of natural justice.