In recent news from Kenya, the return of "Maandamano," the court nullification of the appointment of 50 Chief Administrative Secretaries (CASs), and other stories have been making headlines. Among these trending stories is the ongoing saga surrounding the Director-General of Kenya Rural Roads Authority (KeRRA), Philemon Kiprop Kandie.
Philemon Kandie, who had sought legal recourse in the Court of Appeal to be reinstated as the Director-General of KeRRA, recently lost his bid for stay orders. The High Court had previously quashed a Gazette Notice that appointed him to the position. Despite this setback, sources within KeRRA have reported that Kandie continues to come to the office and carry out his duties without any apparent concern.
The Employment and Labor Relations Court had earlier nullified Kandie's appointment, citing illegality and procedural impropriety in the recruitment process. The court found that the selection of Engineer Kandie had been predetermined by the board and that KeRRA had failed to comply with the Public Service Manual, which requires vacancies to be advertised for a minimum of 21 days. In this case, applicants were given only 13 days to apply, raising questions about the transparency of the recruitment process.
Despite the court's ruling, Kandie has been defiant, continuing to act as the substantive Director-General of KeRRA. He has chaired meetings, conducted official business, and even posted updates on the authority's website, showcasing his involvement in various activities. This behavior has been widely criticized, with legal experts suggesting that it may amount to contempt of court.
Contempt of Court Act of 2016 stipulates that willful disobedience of a court order constitutes civil contempt, punishable by a fine not exceeding two hundred thousand shillings or imprisonment for a term not exceeding six months, or both. Lawyers and observers have emphasized that Kandie's actions could potentially be considered contemptuous, given the Court of Appeal ruling.
In a related story, the Energy and Petroleum Regulatory Authority (EPRA) is also facing legal challenges. Busia Senator Okiya Omtatah has called for EPRA Managing Director Daniel Bargoria to be committed to a six-month civil jail term for allegedly failing to comply with a court order. The court had suspended the implementation of the Finance Act of 2023, which affected fuel prices. Omtatah claims to have served the court orders to Bargoria, warning him not to enforce the new fuel prices, but the directive was allegedly ignored.
These recent events have highlighted the need for upholding the rule of law and the importance of respecting court decisions. The actions of individuals like Kandie and Bargoria have sparked debates about accountability and the consequences of disregarding legal processes. As the legal proceedings continue, all eyes will be on how these cases unfold and the potential implications they may have for Kenya's governance and justice systems.
