The Cofek Petition number 573 of 2015 against Kenya Airports Authority (KAA) and the Attorney General this morning before Justice Isaac Lenaola. KAA was represented by Mohammed Muigai Advocates
The Honourable Judge noted that the recruitment process has since been stopped. Cofek position was to pursue the application with respect to the recommendations by the Ombudsman on KAA staff recruitment.
In response, the KAA pointed out that Mr, Joseph Irungu had since been replaced as per recommendations of the Ombudsman by the Ministry of Interior and Coordination of National Government as an alternate board member of KAA.
In light of the above developments the Judge noted that the prayers sought in the Cofek application and Petition were spent as what Cofek was seeking has been implemented and there was nothing left for the Court to determine.
The Judge directed that the matter be marked as withdrawn with no orders as to costs and that Cofek be at liberty to institute fresh proceedings if any irregularity does arise in the fresh recruitment process of the MD of KAA.
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We will be writing to the Cabinet Secretary invoking provisions of Article 35 to provide the details of the alleged “interference”
Based on the response from the Cabinet Secretary, we may commence a process to seek for a fresh injunction against the current board of KAA from overseeing the process which they have bungled and confessed to have done so by themselves.
As presently constituted, the KAA board lacks the moral authority and integrity to conduct a a fair and credible process. The board of KAA can no longer meet the high thresholds of Articles 27(4) and 232 of the Constitution.
Besides a number of the said directors need to be investigated over possible bribery and other interferences that marred the process.
Transport and Infrastructure Cabinet Secretary must therefore constitute a fresh board of KAA with competent men and women without conflict of interest.
Finally, we are happy that we have been vindicated after our earlier fears that the process of recruiting the MD of KAA were confirmed by the KAA and the Cabinet Secretary.
Stephen Mutoro is the SECRETARY GENERAL Consumers Federation of Kenya (Cofek)
