An activist has filed a petition in court seeking for the removal of the chairperson of the board of the Kenya Rural Roads Authority (KeRRA) Prof Oyuko Mbeche for being in office illegally.
Shadrack Muriithi in a petition says that Mbeche’s continued stay in office after his term allegedly expired in October last year is a violation of the law and uncalled for.
Currently Judge Benard Manani of the Employment and Labor Relations Court has certified the matter as urgent and directed that it be served within 5 days.
“I direct that the matter be mentioned before his Lordship Justice Nduma Nderi on July 5,202”added Manani.
Through lawyer Jack Ong’anya, Muriithi says that Mbeche’s term expired on August 1, 2019 and he was re-appointed for second term and final term on October, 2019 which also expired on or about October 2, 2022.
Mr Shadrack Muriithi says that Prof Mbeche has been in the office as a member and chairperson of KeRRA illegally since he has served for two terms, which is six years cumulatively despite the fact that his tenure expired on October 2, 2022.
Mr Murithi had sought orders restraining Prof Mbeche from conducting or transacting any business whatsoever, in his capacity as a member or chairperson of KeRRA, pending the determination of the case.
“The continued stay in office after expiry of his two terms of office constitutes gross violation of the rule of law, which is one of the national values and principles of governance enshrined in Article 10 (2) of the Constitution of Kenya,”added Muriithi
He said the board of KERRA as currently constituted is unconstitutional and the decisions it continues to make in the day to day running of its activities are therefore, null and void.
Mr Murithi through the law firm of Ong’aya Ombo Advocates LLP said all the policies, resolutions and other meetings approved by the board as constituted by Prof Mbeche are unconstitutional and illegal.
He further said having retired from the University of Nairobi as a civil servant upon attaining the age of 60 years, the appointment allowed Prof Mbeche to work in the public service beyond the mandatory retirement age of 70 years.