The appointment of Bernard Ngugi as Kenya Power Managing Director has been challenged in court.
A woman identified as Maureen Nyambura Ngigi wants the Employment and Labour Relations Court to declare the appointment as unconstitutional for failing to adhere to the required legal and constitutional processes.
She has included the Public Service Commission and Attorney General as respondents in the case.
Nyambura has sued the Kenya Power board of directors and now wants the court to compel them to make public the details of the entire clearance and recruitment process.
She further argues that despite the fact that Ngugi previously served as the general manager supply chain, where he spearheaded procurement of faulty transformers was still appointed while the case is pending in court.
“The appointment of Ngugi was done despite him formerly serving as the General Manager Supply Chain of Kenya Power, in which capacity he was actively involved, presided over and headed the office that oversaw an allegedly flawed procurement and tendering process for supply of transformers by MUWA traders,” reads court the court papers.
In her affidavit presented before the court she questions why Ngugi was cleared by the Ethics and Anticorruption commission to vie for the position despite having pending graft charges in courts which involve his docket directly.
“It is obvious and I believe that numerous insider vested interests were at play and orchestrated a scheme to retain control of the power utility firm by handpicking and appointing Ngugi and with the appointment control of multi-billion shilling power purchasing and token contracts,” she argued.
Nyambura believes that the best candidate did not get the job despite the great public trust involved.
She has also accused the board and PSC of refusing and ignoring to make public information pertaining to Ngugi’s clearance from culpability following the purge against senior managers.
Justice Maureen Onyango directed the board and other respondents to file their responses and submissions, ahead of hearing on February 4, 2020.
She has however not issued any orders including suspending Ngugi from office, pending the determination of the case.