A public-spirited litigator has challenged Prof Oyuko Mbeche’s prolonged presence on the board of the Kenya Rural Roads Authority (KeRRA) after his tenure supposedly expired in October last year.
According to Mr Shadrack Muriithi’s appeal, Prof Mbeche has been in the position as a member and chairperson of KeRRA unlawfully for two terms, totaling six years, despite the fact that his mandate terminated on October 2, 2022.
Justice B.O. Manani of the Employment and Labour Court asked Mr Murithi to serve the court documents on Prof Mbeche, Attorney General Justin Muturi, and the Public Service Commission (PSC) within five days.
The court directed the case to be mentioned on July 5 for further directions.
Mr Murithi had sought orders restraining Prof Mbeche from conducting or transacting any business whatsoever, in his capacity as a member or chairperson of KeRRA, pending the determination of the case.
“Despite knowing that his second and last term expired on or about 2nd October 2022, the 1st Respondent (Prof Mbeche) has continued to chair Board meetings, approve policies and conduct all the businesses of the 2nd Respondent’s Board illegally, unlawfully and unconstitutionally,” Mr Muriithi said in the petition.
He says Prof Mbeche was appointed to be a member of the board on August 1, 2016, for a period of three years. The term expired on August, 2019 and he was reappointed for another three year, second and final term in 2019.
“That the continued stay in office by the 1st Respondent after expiry of his two terms of office constitutes gross violation of the rule of law, which is one of the national values and principles of governance,” Mr Muriithi said.
He said the board of KERRA as currently constituted is unconstitutional and the decision it continues to make in the day to day running of its activities are therefore, null and void.
Mr Murithi through the law firm of Ong’aya Ombo Advocates LLP said all the policies, resolutions and other meetings approved by the board as constituted by Prof Mbeche are unconstitutional and illegal.
He further said having retired from the University of Nairobi as a civil servant upon attaining the age of 60 years, the appointment allowed Prof Mbeche to work in the public service beyond the mandatory retirement age of 70 years.
