A legal dispute about the reinstatement of Captain Martyne Luther Lunani escalated to the Court of Appeal, adding complexity to the standoff between the government and the former official.
The conflict began after the Employment and Labour Relations Court found that the Ministry of Roads and Transport had unlawfully failed to renew Capt. Lunani’s contract as Director of Aircraft Accident Investigation.
Because the ministry did not follow the court order, Lawyer Henry Kurauka for Captain Lunani asked the Court to Summon the PS Transport for failing to comply with the court orders though PSC had complied with issuing a letter reinstating Capt Lunani
On April 30, 2025, Justice Hellen Wasilwa of the Employment Court ruled in his favour. The court found the ministry violated Capt. Lunani’s rights.The court issued several orders.
It directed the Public Service Commission (PSC) to re-engage Lunani in a suitable position. It also ordered that he be paid all salaries from July 1, 2024, and that the Cabinet Secretary (CS) for Roads and Transport pay him Ksh 3 million in damages for breaching his contractual rights.
The PSC acted to comply with the court’s order. The commission’s Secretary, Paul Famba, stated in a sworn affidavit that the PSC convened on May 28, 2025, and resolved to reappoint Capt. Lunani to his former position for a three-year term.
In its correspondence, the PSC blamed the Principal Secretary for the initial crisis. It stated that the officer had violated the law by making a decision on contract renewal that only the PSC was empowered to make. The PSC said this action had “cost the government Kenya Shillings Three Million which would have been avoided.”
On June 9, 2025, the PSC issued a formal letter to the Principal Secretary (PS) for Transport, Mohamed Dhagar, directing him to “issue the contract of employment immediately.” However, the ministry did not obey this order.
In its defense against contempt of court charges, the Ministry of Roads and Transport, through Principal Secretary Teresia Mbaika, argued that the appeal raised substantial legal questions.
She claimed the contempt application was invalid because a mandatory “Certificate of Order against the Government” had not been obtained first. Regarding the Ksh 3 million damages award, the PS offered a budgetary explanation. She stated the judgment was delivered near the end of the 2024/25 financial year when the budget was already closed.
She further claimed that the budget-making process for the 2025/26 year was at an advanced stage, making it “procedurally and legally impossible” to allocate the funds immediately. The ministry pledged to include the amount in the 2025/26 supplementary estimates, pending approval by the National Treasury and Parliament.
Additionally, the PS revealed that the CS and the Attorney General had filed an appeal, Nairobi Civil Appeal No. 460 of 2025, challenging the entire judgment. They also sought orders to temporarily suspend the judgment until the appeal was heard. The Court of Appeal certified this application as urgent.
The situation presented a constitutional dilemma. One state agency, the PSC, asserted it had followed a court order, while another, the Ministry of Transport, was actively challenging the same order in a higher court.
With the Employment Court scheduled to hear the contempt application on October 21, 2025, the conflict highlights the tension between judicial authority and executive action, leaving the reinstatement of Captain Lunani in a state of suspension.
