A petition has been filed in court to overturn the recent appointment of a new board member to the Kenya Urban Roads Authority.
According to an application filed at the High Court, dated November 27, the appointment of Abraham Samoei by Transport Cabinet Secretary Kipchumba Murkomen was unprocedural and uncompetitive.
Through lawyer Wandeto Wachira, Evans Kipkoech argues that it was done in disregard to both the substance and procedure of the law as provided for in the Kenya Roads Act of 2007.
The Roads Act, he says, provides that an appointment under section 11(1) (g)(iv) & (2) shall be made by the Cabinet Secretary, from among three persons who shall be nominated and approved by an Annual General Meeting of the Institution of Surveyors of Kenya (ISK).
However, the petitioner, who is a member of ISK, claims that no special AGM has been called to discuss the issue of the nomination and approval of the position in question.
He now wants the court to declare it null and void as it violates the provisions of Article 10 of the Constitution.
“Your petitioner humbly prays that an order be issued quashing the appointment of the respondent to the Kenya Urban Roads Authority board,” the affidavit reads in part.
Justice Lawrence Mugambi ordered that the respondents be served within 21 days.
“Responses to the application and the petition be filed and served within 21 days thereafter,” reads the orders issued dated November 29, 2023.
The case is set to come up for mention on April 25, 2024.
The judge also granted leave to the applicant to file and serve a rejoinder within 21 days from the date of receipt of responses.
None of the respondents had either filed their responses or put their lawyers on record by the time of publishing this article.
When reached for a comment, Samoei who is listed as the fourth respondent confirmed he was aware of the petition arguing, "It resulted from a misunderstanding but we have since resolved it with the petitioner and he is going to withdraw it".
On his part, ISK President Eric Nyadimo, the third respondent, refused to comment on the matter.
"I will not comment about that," he said without disclosing if he was aware of the petition.