Court suspends a decision by the Nairobi Metropolitan to fire Water Services and Sewerage Company’s Board of Directors

Nairobi Metropolitan Area.

The Nairobi Employment and Labor Relations Court has suspended the decision by the Nairobi Metropolitan Services to fire the Nairobi Water Services and Sewerage Company’s Board of Directors and the Company Secretary.

This is after Human Rights Activist Okiya Omtatah made an application at the Employment and Labor Relations Court in Nairobi seeking to quash that decision.

Omatatah had sought to quash a letter dated 19th June 2020, which Mohammed Abdalla, head of Nairobi Metropolitan Services (NMS), wrote the purporting to disband the current Board of Directors of the Nairobi Water and Sewerage Company.

“I am seeking to quash the letter Ref: EOP/NMS/ADM/GEN/1/VOL. 1 (1), dated 17th June,2020 which Mohammed wrote to the Registrar of Companies, and any other of similar actions, “said Omatatah.

Lady Justice Maureen Onyango on June 24,2020 granted the orders and certified the matter urgent.” Leave is hereby granted which shall operate as stay,” ordered Onyango.

She ordered Omtatah to serve the respondents with the petition and orders within 21 days.

Omatatah says that on June 17,2020 Mohammed purported to effect changes in the Board and in part of the top management of the Nairobi Water and Sewerage Company Limited against the law.

He is contesting that Mohammed wrote to the Registrar of Companies purporting to terminate the appointment of the current Board of Directors of the company and replace them with other persons.

Omtatah says that the said letter also purported to appoint one JANE JORAM as the company’s Corporation Secretary for the specified period.

The Activist claims that Mohammed published Gazette Notice No. 4232 of 17th June, 2020, purporting to appoint new persons to be the new members of the Board of the company for 3 years, with effect from 17th June 2020.

“Mohammed wrote the letter REF: EOP/NMS/ADM/GEN/1/VOL. 1 (2) dated 19th June 2020 purporting to disband the current board of the Nairobi Water and Sewerage Company, “said Omtatah.

In an application dated June 23,2020, Omtatah claims that Mohammed and NMS have no capacity in law to appoint a parallel Board of Directors and the Company Secretary.

“The impugned changes have no basis in law and, therefore, are invalid, null and void,” said Omtatah.

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