Court suspends Kinyua’s order on parastatal term limit


Joseph Kinyua

In Summary

  • The Labor Court has rejected a circular from the head of public service Joseph Kinyua that seeks to scrap age and term limits for State corporation chiefs.
  • Justice Onesmus Mutua on Tuesday directed that the petition be served to the respondents who should appear on April 12 for inter-party hearing.
  • The court further issued an interim order of injunction prohibiting Public Service Commission or any of their agents from implementing the circular issued by Mr. Kinyua last month.

The Labor Court has rejected a circular from the head of public service Joseph Kinyua that seeks to scrap age and term limits for State corporation chiefs.

Justice Onesmus Mutua on Tuesday directed that the petition be served to the respondents who should appear on April 12 for inter-party hearing.

The court further issued an interim order of injunction prohibiting Public Service Commission or any of their agents from implementing the circular issued by Mr. Kinyua last month.

Activist Okiya Omtatah is challenging the decision to scrap age and term limits for chief executive officers of State corporations.

Omtatah argues that Kinyua does not have the capacity in law to direct the operations of the public service.

“Kinyua has no capacity to oust the mandate of the Public Service Commission” he said urging the court to declare that the office of the Head of Public Service does not exist in law.

Mr. Kinyua had issued circular ref. no. op/cab.9/1a on February 27, seeking to exempt chief executive officers of public bodies from mandatory retirement at the age of 60.

He also changed the maximum tenure of service from a maximum of six years to 10.

 

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