This archive report was first published on 13 August 2020.
On August 7, 2020, Tourism Cabinet Secretary Najib Balala appointed five members to the Tourism Regulatory Board for a period of three years. However, their appointment has been suspended by the Employment and Labour Relations Court.
Law Society of Kenya (LSK) moved to court challenging the appointments of NEPAD Kenya Secretariat communications officer Pauline Njoroge, Alais Lenana Momoi, Isaac Muchiri Njangu, and Najma Ismael to the Tourism Regulatory Board.
LSK argued that the appointments were unconstitutional, illegal, and null and void, as they were done in total disregard of substantive and procedural and statutory requirements applicable to public service appointments.
According to LSK, the appointment of the five by Balala contravenes the provisions of the section 8(1)(g) of the Tourism Act No. 28 of 2011, which requires that members of the board be nominated or selected through a competitive process taking into account expertise in tourism or tourism-related disciplines.
Employment and Labour Relations Court Judge Hellen Wasilwa issued an interim order suspending the gazette notice dated August 7, 2020, pending hearing and determination of the application.
