Why KPA MD is Kenya’s most controversial job

The appointment of Mr John Mwangemi as Kenya Ports Authority acting managing director is facing a legal hurdle over procedural irregularities.

Mr Mwangemi was appointed last Thursday, even as three attempts to recruit a substantive MD to head the parastatal failed to bear fruit for a year now.

Since the position fell vacant in March last year following the resignation of Dr Daniel Manduku, the government has failed to fill the position substantively. Two interviews conducted to find a suitable replacement failed to produce one.

The names of the nominees submitted to Treasury Cabinet Secretary Ukur Yatani after the last interviews were rejected for failing to meet the requirements.

He said the nominees selected by the board did not score at least 70 per cent in the interview, in line with President Uhuru Kenyatta’s Executive Order No 7 of 2015.

Another interview was ordered to be conducted within 45 days whose names have not yet been made public.

This has further delayed the recruitment, which is now likely to take longer due to legal tussles.

Mr Rashid Salim, an engineer, was appointed in an acting capacity to replace Dr Manduku, and he had run the agency since March last year. 

Challenge the appointment

With Mr Salim on three months’ terminal leave, the KPA board of directors on Thursday last week announced the appointment of Mr Mwangemi to temporarily oversee the operations of the agency.

The new acting MD will hold the post until a substantive managing director is appointed.

However, his appointment has come into question, with a lobby now demanding that it be revoked.

The Commission for Human Rights and Justice (CHRJ) has threatened to move to court to challenge the appointment on grounds that procedure was not followed.

CHRJ has written to Mr Yatani, seeking the revocation of the appointment, calling it illegal and unprocedural.

“As it is, Mr Mwangemi was handpicked, contrary to the requirement of a public officer, which states one is required to undergo a normal recruitment process before they are considered for the post,” CHRJ Executive Director Julius Ogogoh said in a letter.

He said the proper recruitment process should have been followed before the announcement and that “the appointment is therefore erroneous, illegal and unprocedural”.

The lobby has lamented that the recruitment of Mr Mwangemi was not done at the time of the advertisement and when the vacancy for the position was declared.

“Those who participated in the recruitment have been frustrated, only for the board to handpick someone who was neither interviewed nor applied for the post,” he said.

Faced court cases

The appointment would only have been proper if Mr Mwangemi was an employee of the institution, or the line ministry, he added.

The lobby also argues that the KPA board is not properly constituted because the term of the chairperson and three board members expired on June 5 this year.

“There was no quorum to consider any matter of such magnitude, which will affect the entire operations of all ports in the country,” said Mr Ogogoh.

According to the lobby, the appointment is an attempt by the Treasury to muzzle the operations of the KPA.

“Take notice that unless you forthwith revoke the said appointment, our mandatory instructions are to institute legal proceedings for redress,” Mr Ogogoh said in a letter copied to the KPA board.

Mr Mwangemi is a former ambassador to Djibouti and the Intergovernmental Authority on Development (Igad).

Dr Daniel Manduku also faced similar court cases when he was appointed to the position three years ago. He replaced Catherine Mturi Wairi, who was ousted by the KPA board before her term could come to an end. But before he could settle down, two suits were filed against Mrs Wairi’s ouster, which reinstated her to the post. 

Dr Manduku had to stay out of office, pending the determination of the substantive case that had been filed against the ouster of Mrs Wairi. He would later take charge, but his tenure was marred with accusations of graft until he resigned in March last year.

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