Blow to Omtatah as court throws out petition against Mugenda’s appointment

The Employment and Labour Relations Court has quashed activist Okiya Omtatah’s petition to stop Prof Olive Mugenda’s appointment to chair Kenyatta University Teaching, Referral and Research Hospital board.

Omtatah had filed a petition seeking to block Prof Mugenda, Kithinji Kiragu and Gladys Ogallo from their appointments to the board.

He challenged the constitutional and legal validity of the appointment by President Uhuru Kenyatta; claiming that they appointments were made without subjecting the appointees to a fair, open, competitive, merit based, and inclusive recruitment process

He also wanted the court to suspend a gazette notice that announcing the appointments, pending hearing and determination of his application.

“Pending the application herein, the honorable court be pleased to grant an order suspending the gazette notice Nos. 3223 and 3224 of April, 12019, appointing, respectively, Mugenda, Kithinji and Ogallo to be members of the Kenyatta University Teaching, Referral and Research Hospital board," Omtatah's application read.

The court threw out his petition ruling that if proved to be unconstitutional, the appointments can be quashed, adding that the President and the Cabinet Secretary acted in good faith by making the appointments.