High Court bars Chemtai's appointment as parastatal boss
20 January 2014, 19:33
Nairobi - The High Court today barred health Cabinet Secretary James Macharia’s appointment of a parastatal head.
Lady Justice Mumbi Ngugi directed that Prof Alex Chemtai should not assume his duties as the Chairman and board member for the Kenya Medical Laboratory Technicians and Technologists Board (KMLTTB) until a case challenging his appointment through a Kenya Gazette Notice by the health Cabinet Secretary be heard and determined.
The judge also stopped the current office holder Mr Abel Odhiambo Onyango from exercising his duties.
“I am constrained to issue orders restraining Prof Chemtai and Mr Odhiambo from exercising the functions of the Kenya Medical Laboratory Technicians and Technologists Board pending inter-party hearing on January 29,” judge Mumbi ruled.
Mr Odhiambo had moved to court seeking the stop of his removal from office while claiming that his three year term had not been revoked and is still in force.
He alleges that Prof Chemtai’s appointed was made public through a legal gazette notice on December 31 last year with effect from January 10 by the Health Cabinet Secretary.
Through his lawyer Anne Nderu, the new appointment as in the gazette notice goes against the spirit of upholding, protecting and promoting the rights of persons living with disabilities.
According to Ms Nderu, Mr Odhiambo is a person living with disability and was appointed via a Gazette Notice on August 6, 2012 by the then Medical Services Minister Prof Anyang Nyong’o and ends on September 15.
“Two officers cannot hold one statutory office at the same time, the health Cabinet Secretary did not revoke Mr Odhiambo’s appointment before appointing Prof. Chemtai or issue him with any notice, the new appointment has caused a state of confusion and duplication,” Ms Nderu argued.
Mr Odhiambo wanted court to issue an order preventing Mr Macharia from removing him from office and Prof Chemtai from assuming office.
He also wants court to quash the new appointment’s gazette notice that purports which he has termed as null and void and the case be heard on urgent priority basis.
State Counsel Obura Eric represented Mr Macharia and the Attorney General who are respondents in the case.
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