Kenya Ports Authority (KPA) acting Managing Director Daniel Manduku can now take over management of the port after the court lifted interim orders barring him from taking office.
Justice Erick Ogola lifted the order yesterday after lawyer Gunga Mwinga applied for its withdrawal on grounds that his application to stop Mr Manduku from acting as KPA boss had been overtaken by events after Catherine Wairi voluntarily resigned.
“I therefore order that the notice of motion filed on June 5 this year by Benjamin Chengo seeking to bar Manduku from acting as KPA MD and Wairi be reinstated, is withdrawn. The preliminary objection dated June 11 is withdrawn. The interim orders issued by this court are hereby lifted,” said Justice Ogola.
Ogola said the parties were at liberty to fix the hearing of the main petition after Mwinga said he had not received instructions to withdraw the main petition.
Chengo, on June 5, obtained orders barring Manduku from acting as the MD. The order also reinstated Wairi.
He also challenged the decision of KPA board of directors on May 30, which ousted Wairi as the MD.
Chengo said the directors had no legal right to do so because their terms expired last April 15.
Yesterday, Mwinga, however, said his main petition, in which he wanted the court to make a finding that the board of directors meeting was irregular will proceed.
Solicitor General Kennedy Ogeto welcomed the decision to withdraw the application as it will allow Manduku to continue acting as KPA MD.
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“In view of the application by the counsel, we consider the case is mute. We have no objection to the withdrawal of the application by the petitioner. KPA is a strategic infrastructure which should never operate without a chief executive,” he said.
Ogeto said the withdrawal of the application would enable KPA to continue performing its functions.