The Employment and Labour Relations Court has suspended the appointment of Bruno Mugambi Linyiru as the new director-general of the Agriculture Food Authority (AFA), pending the determination of the petition filed by Jared Onsongo Abuya, who is contesting his removal.
Lady Justice Anna Ngibuini Mwaure directed the board of AFA and Agriculture Cabinet secretary Mithika Linturi to maintain the status quo, meaning a handover process cannot take place pending further directions from the court.
The position is currently held by Grace Kyalo in an acting capacity.
“This application is urgent. The application is to be served within five days, and the response is to be served within seven days. Meanwhile, prayer number two of the notice of motion dated April 23, 2024, is hereby granted,” said Justice Mwaure in a ruling dated April 25.
The position, which was declared vacant on December 19, 2023, attracted 76 applicants but after shortlisting and interviews, Mr Linyiru, Christine Chesaro Rotich, and Hellen Jemosbei Kemboi emerged as the top three candidates.
The AFA then wrote to the Ethics and Anti-Corruption Commission (EACC) to check if the three were suitable to hold public office as provided for in the Leadership and Integrity Act. The EACC then wrote back to the AFA in February 2024, stating that Ms Rotich and Ms Kemboi had no criminal cases. The EACC did not have any active cases under investigation against the two candidates. However, EACC told AFA that Mr Linyiru was charged at a Nairobi Milimani Court with the offence of willful failure to comply with the law relating to procurement contrary to Section 45(2)(b) as read with Section 48 of the Anti-Corruption and Economic Crimes Act, 2003.
This was related to allegations of procurement irregularities at Geothermal Development Company(GDC) in 2015, a matter that is still active at the Supreme Court.
The case saw the then GDC boss Silas Masinde Simiyu and eight senior officials charged for irregular procurement of Rig Movers from Bonfide Clearing and Forwarding Limited in the financial year 2012/13.
Mr Simiyu was arrested together with company secretary Praxidis Namoni Saisi, and the then general manager, of Drilling and Operations, Michael Mbevi.
Six tender committee members were also arrested.
They were Bruno Mugambi Linyiru, Abraham Kipchirchir Saat, Godwin Mwangae Mwawongo, Nicholas Karume Weke, Caleb Indiatsi Weke, and Peter Ayodo Omenda.
It is on this background that the petitioner feels that Mr Linyiru is not suitable to hold a public office bearing in mind that he fails under the Leadership and Integrity Act.
"It is worth serious note, that the position in focus is to head the third respondent, which is the agency of the Government in charge of regulation of scheduled crops in Kenya, including sugar, coffee, tea, and pyrethrum.
"These are the main agriculture cash crop earners for Kenya. The position is accordingly an extremely critical one and of interest to all Kenyans. Appointment to such an august position has necessarily to be by candidates that have competence and integrity," says Mr Abuya in his petition in court.
