Activist Okiya Omtata has filed a case before the Industrial court in Mombasa seeking an order to suspend the decision to send on compulsory leave Mrs. Catherine Mturi-Wairi as Kenya Ports Authority (KPA) Managing Director.
Omtata who has sued the KPA board of directors and the Attorney General (AG) want the decision halted pending hearing and determination of his application.
The activist termed the changes at the helm of KPA a nullity having been made by a board that lacked quorum.
“The petitioner submits that under the law, the respondents have power to do only those thing authorized by law, anything that is not authorized is unconstitutional,” said Omtata in his submission.
According to the veteran activist, an act of a public body or official must not exceed the powers delegated to a body or official.
Justice James Rika of the Labour Court will rule on the matter Thursday.
Last week, KPA board announced changes at the helm where they replaced MD Catherine Mturi-Wairi with Dr. Daniel Manduku who is also the National Construction Authority Chief Executive Officer.
Dr. Manduku will serve in an acting capacity for two months pending the board’s further direction.
By Hussein Abdullahi