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Petition questioning Ngilu 'credentials' deferred

23 January 2014, 18:18 Millicent Kawii

Nairobi - A case in which Lands Cabinet Secretary Charity Ngilu’s suitability in the public service is being questioned has been moved to the industrial court.

Lady Justice Mumbi Ngugi said the case involves employer and employee arguments and should be dealt with by the industrial court.

“This is an argument between the employer and employee, I direct the hearing of the case before the presiding judge employment and labour court on February 14,” judge Ngugi said.

Judge Ngugi also gave the Lands Cabinet Secretary and the Attorney General seven days to respond to the case.

Ms Ngilu has been sued by Mr Clifford Keya in another case challenging her actions in the transferring and deploying 16 officers in her office to other ministries and departments.

State Counsel Mwangi Njoroge who is representing Ms Ngilu and the AG while responding to the allegations, admitted that the claims are based on a letter dated January 10 written to the Public Service Commission with regards to the appointments.

Mr Njoroge said no appointments were made thereafter and a meeting  was held on January 15 and 21 in which it was resolved that replacements were to be made to serve in acting capacity in less than three months.

“The Public Service Commission appointed officers on acting capacity for a period not exceeding three months or until the positions are filled competitively through advertisements,” Mr Njoroge said.

He argued that the post to be advertised have been forwarded to the PSC by the ministry and will be advertised publicly as per Article 232 of the constitution.

He denied allegations that a Chief Land Registrar had been appointed and insisted that the position will be advertised and done competitively through a vetting process.

He also said the case had been overtaken by events.

Mr Keya who moved to court on Wednesday claims that Ms Ngilu ought to have allowed the Lands Commission, which is fully mandated to do transfers in the Lands, Urban and Housing ministry, to carry out its mandate according to the Constitution.
 “It is in the public domain that the National Assembly, which protects public interests, has on several occasions warned the Ms Ngilu against violating the Constitution, but she is defiant to the detriment of Kenyans, who deserve to be served in a fair and impartial manner,” Mr Keya said.

- News24

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