Activist also wants an injunction prohibiting the board from effecting the decision to replace her.
He is seeking the orders pending hearing and determination of the application and his petition challenging the decision made on May 30 at a special board meeting of KPA chaired by Mr Michael Maina to sack Ms Wairi.
According to Mr Omtata, the purported changes in the office of MD-KPA are a nullity in law having been made by the board that lacked quorum.
An activist has gone to court seeking suspension of a decision to sack Ms Catherine Mturi-Wairi as managing director of the Kenya Ports Authority (KPA).
Mr Okiya Omtata also wants an injunction prohibiting the KPA board of directors and Attorney General from effecting the decision to sack Ms Wairi and replacing her with Dr Daniel Manduku in an acting capacity.
He is seeking the orders pending hearing and determination of the application and his petition challenging the decision made on May 30 at a special board meeting of KPA chaired by Mr Michael Maina to sack Ms Wairi.
According to Mr Omtata, the purported changes in the office of MD-KPA are a nullity in law having been made by the board that lacked quorum and which he claims was infiltrated by strangers.
He told the Employment and Labour Relations Court Judge James Rika Tuesday that only three out of 11 members were at the special board meeting.
He further argued that KPA has no substantive chairman following the lapse of Major (Rtd) Marsden Madoka’s term on April 15.
“A meeting to discuss the MD cannot be held without a substantive chairman, as it stands, it is not possible to discuss the MD,” said Mr Omtata.
He further argued that the MD was not given an opportunity to show cause but was instead ambushed with allegations contrary to the Constitution.
“Ms Wairi as the managing director of KPA is entitled to fair labour practices under the Constitution,” said Mr Omtata.
The activist further argued that the claim that Ms Wairi had failed to implement the government’s directive on movement of containers to the inland container depot in Nairobi via the Standard Gauge railway (SGR) cannot hold in law.
“The petition invites the court to intervene and determine the constitutional validity of the government’s directive on movement of containers to the ICD, Nairobi via SGR,” said Mr Omtata.
Justice Rika will deliver a ruling on Thursday on whether to grant the conservatory orders sought by Mr Omtata.
