Constitutional Court judge Mohammed Warsame’s decision effectively freezes the Gazette Notice that Transport minister Amos Kimunya published last week on the new appointments. Above, Kimunyaduring questioning by Public Select Committee on Finance on De La Rue tender at Parliament buildings on April 17, 2012.
The High Court Tuesday suspended the entire Kenya Ports Authority (KPA) board, including the new appointees at the centre of a row that has dogged the firm since last week.
Constitutional Court judge Mohammed Warsame’s decision effectively freezes the Gazette Notice that Transport minister Amos Kimunya published last week on the new appointments.
It means Bernard Gaithuma Njuguna, Ms Eunice Wanja Njeru, Ms Khadija Karim and Abdalla Mohamed Abdalla Fadhil will stay out of the KPA board until a case filed by Malindi MP Gideon Mungaro is heard and determined.
Mr Mungaro had filed a petition before court accusing the minister of ethnic bias in the appointments and of putting tribal interests ahead of the national good.
Mr Justice Warsame warned the directors against convening any board meeting or drawing any salaries or allowances until the constitutional reference seeking to quash their appointment is heard on June 15.
On Monday, Mr Mung’aro lodged a suit against Mr Kimunya arguing that he was motivated by nepotism and malice in filling the vacancies in the KPA board.
Mr Mung’alo says in court documents that by appointing the board in the manner he did, the minister intended to deny the board independence and to ultimately benefit himself and members of his ethnic community.
Mr Mung’aro Tuesday urged Mr Justice Warsame to order cancellation of the appointments and to stop the new directors from taking office. He has sued Mr Kimunya both in his personal capacity and as Transport minister.
The legislator also argues that the minister’s decision is in violation of the national values and principles of governance which demand that public appointments must reflect the face of Kenya.
Through his lawyers, the MP argues that the appointments are unfair, arbitrary and unjust and are driven by the desire to control State resources at the expense of other Kenyans.
KPA chairman Shukri Baramadi has since been questioned by the National Cohesion and Integration Commission (NCIC) over the constitution of the board. As the matter continued to draw accusations from various groups, Wundanyi MP Thomas Mwadeghu said he would demand a ministerial statement from Mr Kimunya on the matter.
The MP also accused the minister of secretly renewing the term of the Kenya Maritime Authority (KMA) board, with three members from the same community. The minister further extended the contract of the KMA chief executive Nancy Karigithu for a third term.
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