The Court of Appeal declined to stay the removal of Kenya Rural Roads Authority (KeRRA) Director General Philemon Kiprop Kandie pending the outcome of an appeal filed by the agency.
Kandie was fired in late May after Employment and Labour Court judge James Rika concluded that the process was riddled with irregularities and procedural misconduct.
KeRRA board chairman Oyuko Mbeche had requested that the removal be suspended until the outcome of an appeal he had filed. It was his contention that the post might be filled, although Kandie was never given the opportunity to provide his side of the story.
A bench of three judges, however, said nothing stops Kandie from applying for the position if it is advertised and that if the agency feels that its operations will be impeded due to lack of a holder of the office, nothing prevents it from starting afresh the recruitment process.
Justices Hellen Omondi, John Mativo, and Ngenye Macharia further said no significant loss, injury, or prejudice is likely to be suffered by any of the parties, if the removal of Kandie is not suspended.
“Further and in the same vein, we are not convinced of this argument by both counsels that the applicant would be prejudiced by the process as he is already recruited on a five-year contract. We say so because nothing prevents him from reapplying for the position or that the respondent cannot appoint him if he is the successful candidate,” the judges said.
The judges said while the appeal by Ayuko was arguable, they were not satisfied that the intended appeal shall be rendered nugatory if stay order is not granted.
