Kenya Investors Association has moved to court challenging the appointment and swearing-in of members of the Business Premises Rent Tribunal.
They also want the court to direct the outgoing chairman Mbichi Mboroki to hold office in temporary capacity pending the hearing and determination of their petition.
The association is opposing the appointment of five people to the tribunal by the Trade, Industrialization and Enterprise Development Cabinet Secretary in a gazette notice on June 22, 2020.
Trade CS Betty Maina appointed Cyprian Mugambi Ngutari as chairperson of the tribunal, Patricia May Chepkirui, Kyalo Mbobu, Andrew Muma and Chege Charles Gakuhi as members of the bod for a period of three years.
Three of the new appointees are advocates of the High Court of Kenya.
According to the association, the said appointments were made in excess and without power contrary to Section 11 of the Landlord and Tenant Act and Catering Establishment Tribunal (Forms and Procedure) Regulations, 1966 which they argue they do not create or permit the appointments of members of the tribunal.
“The purported appointments of the chairperson and the members of the Business Premises Rent Tribunal without the definite roles of the latter being specified in such appointments is erroneous, illegal and wrong and was in excess and therefore illegal and a nullity,’’ reads the court papers.
Through their lawyer, Seth Ojiambo, the petitioners claimed that the appointment of the chairman and members of the tribunal was not subjected to the fair competition and merit as the basis of appointment.
Further, the petitioners claimed the process was not afforded adequate and equal opportunities required for an appointment at all levels of the public service which amounts to an irregularity.