New drama as state appoints new KPA board amid suits

The newly appointed Kenya Ports Authority (KPA) Managing Director Dr. Daniel Manduku (third from right) during a familiarisation tour of the port of Mombasa on June 6, 2018. [Gideon Maundu/Standard]

The Government has compounded leadership problems at the Kenya Ports Authority (KPA) by appointing a new board.

Retired army man Joseph Kibwana replaces Marsden Madoka as chairman.

Transport Cabinet Secretary James Macharia also appointed Peter Gibendi, Mary Ngare, Conrad Thorpe, Kariuki Njiri and Alice Mwaisaka as members.

The appointments came days after KPA Managing Director Catherine Mturi Wairi, who was sent on compulsory leave on May 30, was handed back her job by the High Court. On May 30, some board members suspended Ms Wairi for two months and replaced her with Daniel Manduku in an acting capacity.

On Tuesday the High Court suspended Dr Manduku's appointment and reinstated Wairi, pending the outcome of a suit filed by Emmanuel Kenga Chengo.

Kenga, in his petition, argued that Wairi's ouster was unprocedural, as the board was illegally constituted at the time.

In a separate case, activist Okiya Omtatah also sought to block Wairi's removal on similar grounds.

He said board chairman Marsden Madoka's term "expired on April 16, 2018, having been appointed for a period of three years with effect from April 17, 2015".

"The terms for other members Stephen L'Okedi, Hafswa Abdalla, Fred Kirui and Kennedy Ogeto also expired on April 16, 2018."

The Standard has established that port operations are being overseen by general managers working on rotational basis. Since May 30 one general manager has been overseeing the others.

Yesterday, Justice James Rika rejected an application by KPA and the Attorney General to transfer Mr Omtatah's petition to the Constitutional Court before Justice Erick Ogola.