Irregularly hired Unesco boss to finish term, says court

A judge has allowed a chief executive officer of a State corporation, who was appointed irregularly and has served for nearly a decade, to complete the remaining three months of her term on grounds that the case challenging her hiring was filed late.

Despite finding that she had been appointed irregularly, Dr Evangeline Njoka, the Secretary-General and CEO of the Kenya National Commission for United Nations Educational, Scientific and Cultural Organization (Unesco) has also been spared from refunding the taxpayer any money earned in the period by the Employment and Labour Relations Court.

This is after the court dismissed a petition that sought court orders to declare that she was irregularly appointed into the office and compel her to refund all the money she has earned for the 10 years of service.

“The court hereby finds the appointment of the CEO was irregular, but the petitioner having approached this court late and given that the appointment lapses on May 2023, I will let her serve her term to the end,” stated ELRC Justice Hellen Wasilwa in her judgement.

“The court cannot aid the indolent," added the judge.

Dr Njoka was appointed in 2013, to the State corporation with an international focus that executes a dual function of serving both Kenya and Unesco.

Ms Njoka is currently serving her second tenure after her term was renewed in 2018 and is due to end in May 2023.

The declaration was made following a case filed by Mr Martin Njoroge.

Njoroge, in the suit filed in November 2022, moved to court and claimed that Dr Njoka was irregularly appointed and sought to have the appointment revoked.

“The recruitment was totally flawed and public participation, advertising and the affording of equal opportunity was not put into practice. Persons living with disability were not allowed the opportunity before the appointment of the board members,” reads the court papers.

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