- Through Lawyer Charles Omanga,Tana is seeking orders prohibiting Engineer Mwongera from conducting any official duty as the chairman of KENHA pending the hearing and determination of the petition challenging his appointment.
- A man has challenged the appointment of Engineer Erastus Mwongera as the Chairman of Kenya National Highways Authority (KENHA) Board.
Peter Tana the petitioner is concerned about failure to regard qualification, competence and suitability in appointment of the chairperson of (KENHA) Board as required by the law.
“The appointment was done on March 2018 through a letter dated March 28, 2018 where Eng. Erastus Mwongera was appointed by His Excellency the President as the Chairperson KNHA to run for a period of 3 years which in effect will end in March 2011,”said Tana.
Through Lawyer Charles Omanga,Tana is seeking orders prohibiting Engineer Mwongera from conducting any official duty as the chairman of KENHA pending the hearing and determination of the petition challenging his appointment.
The petitioner also wants the court to quash Gazette notice dated March 28, 2018 appointing Mwongera as Chairman of the board for a period of 3 years for failing to consider that his last term was to expire on February 28, 2019 as required by the Kenya Roads Act.
“The court should make a declaration that Mwongera is ineligible for appointment to serve a third term upon expiry of his current contract on February 28,2019 and thus not qualified to serve as the chairman of the KENHA board,” said Omanga in court documents.
Tana Peter has moved to court claiming that it will be irregular to retain Engineer Erastus Mwongera as the chairman of the Board beyond the mandatory two terms of service as director of the board.
He claims that Infrastructure, Housing and Urban Development has failed to inform Institute of Engineers of Kenya (IEK) as the body mandated to nominate the persons qualified to be appointed as the director of the development to lead off the process of getting a replacement of the current Chairperson upon the expiry of his term as the Director of KENHA.
The petitioner claims that Mwongera has already served his second term as a director for KENHA and which ended on February 28, 2019.
Tana in his petition argues that upon expiry of his second term and final term as director of KENHA on February 28, 2019, he ceased being qualified as a Director for KENHA, and thus after February 28, 2019 and thus his position is not tenable.
“Because of his disqualification, his continued transaction of the government business is illegal null and void,” says Omanga in court documents.
He added the transactions of KENHA as per now are unlawful because it is being led by a disqualified chairman.
Tana claims that offering Mwongera a 3 year contract of service as chairman, making him eligible to serve for a further third term and allowing him to work beyond mandatory two three years term in the public service is a violation of the rule of law.
“Mwongera is not qualified or suitable for appointment as Chairman of the board for a period of 3 years as set out under Article 10 of the constitution as read with section 12 of Kenya Road Act,2007.
The section states that a Chairman shall be appointed among-st the members of the board, be nominated from among-st the organization and not serve for more than two terms.
The petitioners adds that the Development has contravened the national values of good governance, integrity, transparency and accountability as set out in article 10(2) (c) of the constitution.
KENHA is established under part ii of the Roads Act No.2 of 2007 as a body corporate and whose functions include the management, development, rehabilitation and maintenance of natural roads.
