The Employment and Labour Relations Court has quashed the re-appointment of three Nairobi Metropolitan Area Transport Authority Board members by transport CS James Macharia.
Justice Nzioki wa Makau quashed the Gazette Notice dated 5th February on grounds that the three; Mary Waithigieni Chege, Zachariah Karenge Mungai and Ronald Ndirangu Ndegwa were from one ethnic community and therefore did not represent the diverse fabric that is the Kenyan nation.
“Their re-appointment was unconstitutional, unlawful for the wanton disregard to the national values espoused in the constitution,” ruled the judge.
The CS who is also the chairperson of Nairobi Metropolitan Area Council had re-appointed the three for a period of three years.
According to the judge, “it is 2021, the constitution has been in existence for the last 11 years, under article 10 of the constitution, it calls on all Kenyans to uphold the national values and principles of governance and more so all State organs and State officers and public officers.
The suit had been filed by the Law Society of Kenya who argued that the re-appointment of the three ought to be quashed as it was made without following laid out substantive and procedural, constitutional and statutory requirements applicable in public service appointments.
LSK argued that the re-appointments did not take into consideration regional and ethnic representation, thus disregarded the rule of law, equity, inclusivity, good governance, transparency and accountability as provided under Articles 10 and 232 of the Constitution
It argued that advocating for such re-appointment criteria that does not meet the constitutional threshold may also give the executive arm room to abuse public office to reward cronies and consequently discriminate against the qualified and fit to serve.