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Court Dismisses Lobby's Petition, Gives KPA Greenlight to Recruit MD

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Nyakundi Report

Newsroom 1 min read

This archive report was first published on 10 July 2020.

On July 10, 2020, the Employment and Labour Relations Court dismissed a petition by the Commission for Human Rights and Justice (CHRJ) challenging the recruitment process for the Kenya Ports Authority's (KPA) managing director.

Justice James Rika ruled that the CHRJ's petition lacked merit, as it failed to provide evidence that the KPA board of directors had failed in its oversight role.

The judge noted that the CHRJ had made bare allegations about loss of trust in the board, but had not presented any evidence to support these claims.

"The petitioner needed to exhibit some evidential material showing loss of trust in the board. It is not enough to make a bare allegation about loss of trust," said Justice Rika.

The KPA board has received over 150 applications for the position, and will forward three candidates to the Transport Cabinet Secretary for consideration.

Justice Rika also ruled that televising the interviews does not add value to the fulfilment of the public participation obligation, and that the board has taken adequate measures to ensure the process meets the demands of transparency and accountability to the public.

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