The Employment and Labour Relations Court has suspended the appointment of former Othaya MP Mary Wambui as the chairperson of the National Employment Authority.
Justice Hellen Wasilwa ruled yesterday that Ms Wambui should not assume leadership of the State agency pending the hearing of a petition filed by Kenya Young Parliamentarians Association (KYPA).
The association argues in the petition that Ms Wambui is not qualified under the law, policy and best practice, to be the chairperson of the authority.
The Employment and Labour Relations Court has suspended the appointment of former Othaya MP Mary Wambui as the chairperson of the National Employment Authority.
Justice Hellen Wasilwa ruled yesterday that Ms Wambui should not assume leadership of the State agency pending the hearing of a petition filed by Kenya Young Parliamentarians Association (KYPA).
The association argues in the petition that Ms Wambui is not qualified under the law, policy and best practice, to be the chairperson of the authority.
It cites the National Employment Authority Act which, among others, requires that the chairperson of the agency should have at least seven years' experience in human resource management or its equivalent.
Ms Wambui, claims the petitioner, has on several occasions personally admitted that she possesses limited education, which makes her unqualified to conduct the affairs of the agency as chairperson.
The authority's mandate includes employment management, enhance employment promotion interventions, and enhance access to employment for youth, minorities and marginalised groups.
According to the petitioner, Ms Wambui’s appointment will also disenfranchise the Kenyan taxpayer given the very strategic nature of the position.
“The directive of appointing the 3rd respondent (Ms Wambui), who is not qualified is not only retrogressive, arbitrary and stale, but also attempts to uncharacteristically undermine the principles of public participation and guiding principles of leadership and integrity," says the petition.
Antony Samba Buluma, the executive director of the KYPA, argues that the notice of appointment deprives the public of a qualified chairperson.
“The impugned notice flouts Article 10 of the Constitution as the decision to appoint an unqualified person is not in consonance with the principles of national values,” Mr Buluma says in an affidavit filed in court, adding that the notice does not also take into account the public service values and principles.
Justice Wasilwa certified the case as urgent and directed the Cabinet Secretary for Labour and Social Protection, the Attorney-General and Ms Wambui to file their responses within 14 days.
The case will be heard on November 14.
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