Kimunya risks contempt charges over KPA appointments

What you need to know:

Mr Kimunya, through a gazette notice dated December 13, appointed three directors of KPA for a period of three years.
The three are among four individuals appointed on April 10 last year and who the court stopped from occupying board seats following a petition on grounds of ethnic bias.

Transport minister Amos Kimunya risks contempt of court proceedings after appointing new Kenya Ports Authority (KPA) directors who the High Court had barred from sitting on the board of the State-owned company.

Mr Kimunya, through a gazette notice dated December 13, appointed Bernard Njuguna, Khadija Karim, and Abdalla Mohamed Abdalla as directors of KPA for a period of three years.

The three are among four individuals appointed on April 10 last year and who the court stopped from occupying board seats following a petition on grounds of ethnic bias.

READ: Court blocks Kimunya appointees to the KPA board

Lawyers who represented the plaintiff, Malindi MP Gideon Mung’aro, last May now say they are mulling instituting a fresh suit against Mr Kimunya accusing him of ignoring court orders.

“The minister is in contempt of court since the order was quite clear on what he was to adhere to when making fresh appointments,” said George Kithi, Mr Mung’aro’s lawyer.

“I will consult with my client and decide on our next course of action, but I will advise him that we go ahead and lodge a fresh suit.”

Mr Mung’aro had taken the minister to court accusing him of ethnic bias. The court quashed the appointment and ordered for a fresh exercise.

The court stopped the appointees from assuming office or drawing salaries from the authority until determination of the case.

During court proceedings, the MP alleged that the minister was trying to deny the board its independence and to ultimately benefit himself and members of his ethnic community.

Mr Mungaro told the court that the KPA 12-member board was dominated by members of one community with Shukuri Baramadi sitting as its chairman and Gichiri Ndua its managing director.

KPA’s directors include Finance PS Joseph Kinyua, Transport PS Cyrus Njiru, Attorney- General Githu Muigai, and Kenya Railways MD Nduva Muli.

Others are Mohamed Jahazi, Ngugi Waireri, Ian Karanja, and Johnson Musengi. The High Court ordered Mr Kimunya to conduct fresh appointments.

He was told to ensure the appointments adhere to constitutional provisions on ethnic balance and fair regional representation.

Mr Kimunya has reinstated the same individuals leaving out Eunice Wanja Njeru from the initial list of four. Ms Wanja was appointed a director of Kenya Ferry Services in September and her position at KPA awarded to Joy Asiema.