Former Kenya National Trading Corporation (KNTC) chairman Capt. Paul Rukaria has sued President William Ruto and Attorney General Justin Muturi for revoking his appointment to the board.
Rukaria, a retired commissioned officer of the Kenya Defence Forces (KDF), had been appointed by former president Uhuru Kenyatta on August 5, 2022 -four days before the Presidential elections - for a term of three years.
President Ruto, however, revoked the appointment as the chairperson of the board of directors of KNTC through a gazette notice on February 6, 2023.
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Ruto replaced him with Hussein Tene Debasso.
Aggrieved by the move, Rukari yesterday sued the President and the AG challenging the revocation. He wants the appointment of his successor quashed and he reinstated to the position.
In the suit, where he has sued the President in person/in his personal capacity, Rukaria claims that there was no consultation with the State Corporations Advisory Committee before his removal from office.
"Section 7(3) of the State Corporations Act is clear that before the President can revoke the appointment of any Board member, there has to be cogent reasons for the said revocation and that the same must be subjected to consultation with the state Corporation Advisory Committee," Rukaria stated.
He alleges that the President violated the Constitution and the Act.
"I was neither notified nor informed of the impending gazettement and had to embarrassingly find out about the same from social media and incessant calls from friends and relatives. Needless to say, no reasons were given for the said prejudicial action," Rukaria claims.
Alleging infringement of his rights, Rukaria says he was not served with any notice of intention to revoke his appointment and that no reasons were offered.
In addition, he was not invited to any hearing to establish his suitability to hold the office as chairperson of the Board of Directors of the Corporations and he was not charged or suspected of committing any offence that would make it unsuitable for him to hold the office.
He adds that there is no evidence that Debasso's appointment was objective, impartial and not influenced by nepotism, favouritism, other improper motives or corrupt practices.
Stating that as a retired KDF officer, he discharged his duties as the chairperson of the Board of Directors of the State Corporation with dedication, integrity and without fear or favour from the date he was appointed to the benefit of the nation.
Pending the hearing and determination of the suit, Rukaria wants the court to suspend the revocation.
