•In his ruling, Justice James Rika said the preliminary objection was a little bit disturbing.
•“Instead of challenging the order made by the High Court, Ndirangu and KENHA have approached the E&LRC, asking the Court to decline jurisdiction,” the court ruled.
The Employment court has dismissed an application by KENHA board chair Wangai Ndirangu seeking to strike out a case challenging his appointment to the board.
In the case, Lobby group Sheria Mtaani moved to court seeking the removal of Ndirangu from office, alleging that he is not qualified to serve on the Kenha board in any capacity.
However, he filed a preliminary objection to the application asking the court to dismiss the petition by Sheria Mtaani.
In his ruling, Justice James Rika said the preliminary objection was a little bit disturbing.
In the ruling delivered last week, he noted that the petition was transferred by the high court to the employment court but Ndirangu and the other respondents never challenged the order.
“Instead of challenging the order made by the High Court, Ndirangu and KENHA have approached the E&LRC, asking the Court to decline jurisdiction,” the court ruled.
The judge wondered where the petition will then be heard if he had no jurisdiction saying allowing the objections would usher in anarchy and judicial disorder, and completely ravage the concept of the rule of law.
He further noted that Ndirangu had submitted that the correct jurisdiction was the high court and not the employment court.
“This sort of submission is shocking, considering that the Parties are freshly from the High Court, which transferred the Petition, just a few months before the Preliminary Objection was mounted,” he said.
Justice Rika said what Ndirangu and KenHA in effect are asking is for the Court to overturn the order made by the High Court.
This Court does not sit on appeal, or review against decisions of the High Court.
He also dismissed the ground of opposition by Ndirangu which said that Sheria Mtaani had no locus standi to present the case to the court against him.
But Judge Rika ruled that Sheria Mtaani has the locus standi to file the case since the matter is constitutionalism and the rule of law, with respect to the governance of a public body.
In his response, Ndirangu argued that his appointment was done in accordance with the law.
He also said that a petition filed by Sheria Mtaani and Shadrack Wambui was not motivated by the public but by selfish individual interest and an afterthought.
Ndirangu said the case has no basis as it is not premised on any allegation of denial, violation or threatened violation of the bill of rights.
Ndirangu was appointed as the chairperson of the agency for a period of three years from November 12, 2019.
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