A Nairobi resident has moved to court challenging the continued stay in office of the chairperson of the board of the Kenya Rural Roads Authority (KeRRA) Prof Oyuko Mbeche claiming his term expired in October last year.
In a petition filed by Shadrack Muriithi through the law firm of Ong'anya Ombo Advocate LLP, he claims that Prof Mbeche has been in the office as a member and chairperson of KeRRA illegally since he has served for two terms, which is six years despite the fact that his tenure expired on October 2, 2022.
“Despite knowing that his second and last term expired on or about 2nd October 2022, the 1st Respondent has continued to chair Board meetings, approve policies and conduct all the businesses of the 2nd Respondent’s Board illegally, unlawfully and unconstitutionally,” Muriithi says in the petition.
Murithi wanted orders restraining Mbeche from conducting or transacting any business whatsoever, in his capacity as a member or chairperson of KeRRA, pending the determination of the case.
In court documents, Muriithi 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 in August 2019 and he was reappointed for another three-year, second and final term in 2019.
He argues that the continued stay in office of Mbeche after the expiry of his two terms of office constitutes a gross violation of the rule of law, which is one of the national values and principles of governance.
He said the board of KeRRA as currently constituted is unconstitutional and the decisions it continues to make in the day-to-day running of its activities are, therefore, null and void.
He says 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 public service beyond the mandatory retirement age of 70 years.
Justice B.O. Manani of the Employment and Labour Relations court directed Murithi to serve the court documents to Mbeche, Attorney General Justin Muturi and Public Service Commission (PSC) within five days.
The court directed the case to be mentioned on July 5 for further directions.