Court revokes appointment of top managers at Coast water agency

The High Court in Mombasa has temporarily removed all the top managers of the troubled Coast Water Development Agency (CWWDA) from office following a case to challenge the posts legality.

Among those affected by the Labor and Relations Court order is Eng Martin Tsuma who has held the CWWDA Chief Executive Officer post in an acting capacity for three years.

Justice Monica Mbaru also restrained Tsuma from withdrawing salaries and allowances of CEO post. She also revoked the appointment of six deputy directors until a case filed is determined.

The six are Simon Charo, David Kanui, Stephen Kivuva, Salim Ali, Mary Okiema, and Amad Mwanzito, who were elevated from departmental managers to directorship posts three years ago. 

The board members Katana Mwaringa, Hamid Mbarak, Mohammed Mwahima, Judith Mwamburi, George Kariuki, Walter Oselu, Edwin Murimi, and Hafswa Deleate were cited as respondents.

“Conservatory orders are hereby issued staying the appointment of the 3rd Respondent (Tsuma) as the Acting Chief Executive Officer of the 1st Respondent (CWWDA) and the 1st, 2nd, 3rd, 4th, 5th, and 6th Interested Parties as the Deputy Directors of the 1st Respondent,” said Justice Mbaru.

A Mombasa resident filed a petition accusing CWWDA of bias in the employment of the CEO and the directors without following due process.

The petitioner, John Oucho, said the water agency acting CEO was promoted and his terms converted to permanent and pensionable terms without following due process.

 In a petitioner said Tsuma was in the acting capacity of CEO for a period of over 3 years without the appointment of a substantive CEO.

 Oucho said the board failed to advertise the occurrence of vacancies and invite applications for filling those positions, thus denying all citizens of Kenya a chance to participate and be employed.

 He said that Tsuma had only 18 months to expiry of his contract when he was appointed CEO on a permanent basis.

 “The deputy director of project development in the department of infrastructure was promoted to the acting CEO without any interviews or public participation carried out as required by law,” said Oucho.

 He said the appointment of the head of infrastructure development was opaque and amounted to discrimination contrary to the edicts of the constitution. 

Oucho said that all heads of departments of the defunct Coast Water Service Board were automatically promoted to deputy directors and their terms converted to permanent and pensionable without following the due process of the laid-down procedures.

 

He said that other departments of the defunct Coast Water Service Board who were in the same rank as Tsuma were never given a chance to apply for the said position, thus denying them the opportunity of being employed in a competitive process.