The Court of Appeal has declined to suspend the removal of the director-general of the Kenya Rural Roads Authority (KeRRA) Philemon Kiprop Kandie, pending the determination of an appeal filed in Court.
Kandie was removed from his position in late May after Employment and Labour court judge James Rika ruled that the process was marred by illegalities and procedural impropriety.KeRRA board chairman Prof Oyuko Mbeche had sought for the suspension of the ouster, pending the determination of an appeal he has filed.The court directed the case be listed for hearing on priority basis.While nullifying the appointment of Mr Kandie, the court had agreed with Samson Nzivo Muthiani that KeRRA was bound by the 21-day rule on advertising and the agency failed to place the advertisement on the Public Service Commission Website or on radio and other modes of communication.Mr Muthiani had argued that the process of confirming Mr Kandie was characterised by bad faith as public bodies should not go into the interview process with predetermined outcomes. Dissatisfied, Prof Ayuko in his capacity as the chairman of the board argued that none of the board members of KeRRA was made a party to the proceedings which would have enabled them to ventilate the process they used in the recruitment.Pfor Ayuko submitted that Mr Kandie’s employment was terminated without going through the due process under the Employment Act, and without affording him an opportunity to be heard.He informed the court that the intended appeal is arguable and has with high chances of success on the grounds that the judgment violated Mr Kandie’s right to be heard, right to a fair hearing and fair administrative action as provided for in the Constitution.He said Mr Kandie was serving a 5-year fixed contract and if the decision is not suspended, the period shall lapse. He added that the D-G is in charge of the daily management of KeRRA and a vacancy in that position would cripple the management and sabotage the mandate of the government in relation to the management of 20,000 kilometers of rural roads in the country.
