High Court judge Justice James Makau has suspended chairman of Kenya Highways Authority (KeNHA) Engineer Erastus Mwongera from conducting official duties until the case challenging his reappointment is heard and determined.
Petitioner Peter Tana, through his lawyer Charles Omanga, wants the court to quash gazette notice dated March 28, 2018 appointing Mwongera as chairman of the board for a period of 3 years for failing to consider that his last term was to expire on February 28, 2019 as required by the Kenya Roads Act.
“The court should make a declaration that Mwongera is ineligible for reappointment to serve a third term upon expiry of his current contract on February 28, 2019 and thus not qualified to serve as the chairman of the KeNHA board,” Omanga told the court.
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Through court documents, the petitioner claims that it will be irregular to retain Mwongera as the chairman of the Board beyond the mandatory two terms of service.
He claims that the department of Infrastructure, Housing and Urban Development has failed to inform Institute of Engineers of Kenya (IEK) as the body mandated to nominate the persons qualified to be appointed as the director of the development to lead the process of getting a replacement of the current chairperson upon the expiry of Mwangoera’s term at KeNHA.
The matter will be heard on October 15, 2019.
