The employment court has cleared the way for Kenya Ports Authority (KPA) acting managing director John Mwangemi to assume office.
Justice Byram Ongaya clarified that the order that allegedly quashed Mr Mwangemi’s appointment was erroneous and directed that a proper one be extracted, verified and served on the parties.
The Court found that the order as extracted and served on the KPA, was at variance with the court’s handwritten records.
Mr Mwangemi was appointed acting MD on July 1 to replace Rashid Salim, who is on a three-month terminal leave ahead of his retirement in September.
The appointment was, however, halted after a non-governmental organisation challenged the move.
Commission for Human Rights and Justice through its executive director Julius Ogogoh, argued that the appointment was shrouded in secrecy and in violation of the laws, including the KPA Act and the Public Service Commission Act.
The lobby group claimed that under the KPA Act, the CS is supposed to make such an appointment in consultation with KPA’s board of directors.
He also argues that the board, which was supposed to have consulted with Treasury Secretary Ukur Yatani before the appointment could be made, is not properly constituted.
The term of the board chairperson and three other board members expired on June 5 this year.