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Court Allows AG to File Response in Labour Suit

The High Court in Nyeri on Wednesday granted the Attorney General (AG) permission to file a response in a petition challenging the appointment of former Mathira MP Peter Weru as the Tana Water Works Development Agency (TWWDA) Chair.

Employment and Labour Relations Court Judge Justice Nzioki Makau gave the AG, Justice Paul Kihara, 14 days to file his response in the suit filed by William Wahome who is challenging Weru’s appointment.

The court at the same time allowed a request by the former MP to be enjoined in the suit through lawyer Morris Mburu.

The court on October 31, suspended the appointment of Weru as TWWDA chair by Water CS Simon Chelgui while at the same time allowing Wahome to continue heading the agency without interference.

CS Chelugui appointed Weru to the post through gazzette notice number 9866 on October 17 after revoking Wahome’s appointment on July 26 in a gazzette notice dated October 17.

The court issued conservatory orders after the petitioner moved to court to challenge his removal arguing that the CS had violated his right of not being accorded a right of reply.

“The respondent blatantly violated my client’s rights by revoking his appointment without offering him an opportunity to be heard,” lawyer Wahome Gikonyo representing the petitioner submitted.

Wahome in his court documents said news of his sacking reached him while on an official duty in Egypt that had been sanctioned by Head of Public Service, Joseph Kinyua.

“Before the said revocation, my client was not given a chance to be heard or given any notice to show-cause why his chairmanship should not be revoked,” argued lawyer Gikonyo.

The lawyer had argued that the CS’s decision was in violation of fair labour practices, natural justice and the fair administrative action.

While urging the court to stop the “illegal appointment through impunity,” Gikonyo noted that his client was supposed to lead the agency for a renewable term of three years starting February 8 this year.

By Samuel Waititu

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