Kipsang clashes with KLB board over appointment of new MD

Basic Education Principal Secretary Belio Kipsang. [File, Standard]

Education Principal Secretary Belio Kipsang’s decision to rescind the appointment of Kenneth Jumba as acting Managing Director of Kenya Literature Bureau (KLB) has not gone down well with the board.

In a letter dated July 19, 2024, addressed to the KLB Board chairperson Rispah Wephukulu, Dr Kipsang rescinded Jumba’s appointment and directed that Victor Lomaria continues serving as the MD.

The PS made the decision hours after the board of nine members approved Jumba’s appointment and forwarded the letter of appointment to him (Kipsang).

“We received your letter dated July 19. Following consultations, this is to direct that the appointment of Jumba is rescinded. The status quo before this action remains,” wrote Kipsang.

The PS directed Wepukhulu to submit to him the curriculum Vitae of all KLB managers to facilitate consultations on appointment of the acting MD before Lomaria’s term expires on August 31.

The letter was forwarded to Prime Cabinet Secretary Musalia Mudavadi, Chief of Staff Felix Koskei, PS Treasury Chris Kiptoo and the State Corporations Committee and Inspectorate.

However, KLB board opposed the move, insisting that it was given the appointment authority by the President in 2016.

A senior staff from KLB said that Lomaria was sent on compulsory leave but he declined and vowed to stay put.

The source said that the MD’s second term, which began on March 4, 2019, was renewed for five years instead of three as per the Mwongozo Code of Conduct.

A letter dated August 5, 2016, by then Education CS Fred Matiang’i, appointed Lomaria as the MD for three years, effective September 1, 2016. The appointment was gazetted on December 13, 2016.

“The renewal of his contract has been contested before court by Catherine Wanjiru, a Kenyan Citizen, because his term was increased to five years, and the same has never been gazetted,” said the official.

The same was evident in the second letter dated March 4, 2019, where Lomaria’s term was renewed for five years, effective September 1, 2019.

The letter was written by former CS Amina Mohammed, who had been transferred from the Ministry of Education to Sports, Culture and Heritage on March 1, 2019.

“The renewal was never approved by the board, the appointing body. It has no legal basis, and advice should have been sought from the Attorney General,” said the official.

The KLB official said the Human Resource Policy and Procedure manual for public Service provides a maximum three-year term for MD.

He explained that the KLB manual of February 2018 provides that an MD's term may only be renewed similarly to the previous one and subject to demonstrable performance.

The official believes that at the heart of the wrangles at KLB is the Sh3.5 billion tender to supply Competency-Based Curriculum (CBC) books for Grade 9 students in public schools in 2025.

KLB is a government-owned company that publishes, prints and distributes literary, educational, cultural and scientific books, periodicals, journals, magazines and works of every description.

In her court documents before Employment Judge Justice Anna Mwaure, Wanjiru submits that Lomaria has been illegally in office since his term legally ended on August 31, 2022.

Wanjiru also challenges a new organisational structure, put in place by Lomaria, insisting that employees were not consulted before the same was approved.

In response, Lomaria claimed that the new structure was approved by the Public Service Commission (PSC) before its implementation.

“The KLB implemented the structure with requisite approval from the PSC and claims to the contrary are untrue,” he submits before the court. The case will be mentioned on July 29.

In another case, 34 employees have sued Lomaria for discrimination on payments of Incremental Credits, paid annually for royalty credit.

Lomaria has opposed the petition, and the court rule on the matter on July 26.