Appointment of senior KPA employee quashed

The High Court in Mombasa has quashed the appointment of a senior Kenya Ports Authority (KPA) staff saying he was not qualified to hold the position of the Harbour Inspection Officer at the Port of Mombasa. 

Justice Monica Mbaru of the Employment and Labour Court also ruled that the appointment and translation of Mr Francis Onyando was not approved by the Public Service Commission (PSC).

“An Order of Certiorari and prohibition is hereby issued quashing and barring the decision by the 1st and 2nd respondents (KPA Board and KPA MD) to translate Onyando into the post of Assistant Harbour Inspectorate Officer, Post No.610-4009, Grade KPA7 outside approval of the 1st interested party,” said Mbaru.

Western Human Rights Forum who are ex parte applicants accused KPA Board, KPA MD and Attorney General of appointing Onyando as Assistant Harbour Inspector officer without proper qualification.

In a petition filed before Justice Mbaru of the Employment and Labour Court, Western Human Rights Forum Director John Obura also cited PSC and Onyando as interested parties in the suit.

In his ruling delivered on February 25, Justice Mbaru said the argument by the respondents that the subject appointment of Onyando was based on experience and merit is devoid of a fundamental requirement on qualifications.

“It is not denied by the respondents and Onyando that he is not possessed of the basic qualifications to hold the position of Assistant Harbour Inspectorate Officer and that the translation of such position has not been approved by PSC, the constitutional entity with such mandate,” said Justice Mbaru.

The Judge said that the fact that the ex parte applicant only used Onyando’s case against other persons who may have benefited from such translation of office(s) does not make the same lawful.

He submitted that the procedure that KPA Board employed in Onyando’s placement was not limited to him but a general process that included all employees in his department and all departments of KPA, but these proceedings are restricted to him.

In their defense, KPA Board, the MD and Onyando said the appointment of Onyando should not be faulted because the organisation structure and translation or offices was approved by State Corporation Advisory Committee (SCAC).

Under the Act, the KPA Board with approval of the board has power to develop and address terms and conditions of service for its employees based on experience and merit.

On their part PSC said that under the Constitution, it is the only body mandated to establish and abolish office in the public service and has not given approval to the organisational structure and translation of offices within the KPA Board leading to the appointment of Onyando.