KeNHA board Chair Mwongera barred from discharging official duties


KeNHA board Chair Mwongera barred from discharging official duties
KeNHA Board Chair Eng. Erastus Mwongera during a past address. PHOTO | COURTESY

In Summary

  • A Nairobi resident previously moved to court to challenge the appointment of Eng. Mwongera as KENHA Board Chair saying it was unlawful and illegal.
  • President Uhuru Kenyatta, in a gazette notice issued March last year, appointed Eng. Mwongera as Chair of the board for a period of three years ending March 2021.

The High Court in Nairobi on Wednesday barred Eng. Erastus Mwongera from attending to any official duties as Chairperson of the Kenya National Highways Authority (KeNHA) board pending the hearing and determination of a petition.

A Nairobi resident previously moved to court to challenge the appointment of Eng. Mwongera as KeNHA Board Chair saying it was unlawful and illegal.

“An order of judicial review is hereby issued prohibiting, barring and restraining Engineer Erastus Mwongera from attending to, conducting, transacting any business whatsoever in his capacity as a member or chairman of KeNHA,” said Justice James Makau.

President Uhuru Kenyatta, in a gazette notice issued March last year, appointed Eng. Mwongera as Chair of the board for a period of three years ending March 2021.

Tana Peter, in a petition filed in court through lawyer Charles Omanga, opposed Eng. Mwongera’s appointment saying it was in gross violation of the rule of law.

According to Mr. Peter, Eng. Mwongera is not suitable to serve as Chair since he had already served two terms as required by law and should step aside.

“It will be irregular and contrary to both the Constitution and the statute to retain Mwongera as the chairman of the Board beyond the mandatory two terms of service as Director of the board,” he said.

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