For the better part of Monday, police barred Kenya’s Vision 2030 Director-General (DG) Kenneth Nyaga from accessing his office following a fallout between him and National Treasury Cabinet Secretary (CS) Prof Njuguna Ndung’u.
This came days after Employment and Labour Relations Court Judge Nduma Nderi issued orders barring Prof Ndung’u from interfering with Nyaga’s duties and responsibilities until the lapse of the day, yesterday.
Nyaga has told The Standard that he found eight police officers who blocked him from accessing his office on the 7th floor of Britam Centre, in Upperhill, Nairobi. “I am working from the waiting room at Vision 2030 offices because eight policemen are barricading my office to prevent me, contrary to court orders served on Thursday last week,” he said.
Nyaga had moved to court, seeking orders to restrain Treasury CS from interfering with the performance of his duties and responsibilities as outlined in his employment contract.
“Pending the determination of the petition filed herewith, this court be pleased to grant a conservatory order restraining the respondents and interested party, either acting by themselves, or their agents, employees, servants, assigns, or any other person whomsoever from interfering with the petitioner or applicant’s performance of his duties and employment as the Director General of Vision Delivery Secretariat pursuant to the employment contract dated November 10, 2022,” noted the court.
“The interim order in terms of prayer two of the notice of motion is extended to July 31, 2023,” Justice Nduma ruled. According to court documents seen by The Standard, Nyaga was appointed DG of the Vision Delivery Secretariat for three years, with effect from July 1, 2020.
His appointment was gazetted on June 30, 2020, by former President Uhuru Kenyatta. Nyaga was to serve for three years which was to lapse on July 29. However, riding on a clause which allows the board to review his contract “at least six months” to its lapse, he obtained a positive review and was accordingly granted a fresh three-year contract on October 13, 2022.
However, the court has also been told that on March 29, 2023, Treasury CS Ndung’u wrote to the board chair, questioning the validity of the DG’s contract renewal.
“The renewed contract of the Director General of Vision 2030 Delivery Secretariat was signed by the chairperson of Vision 2030 Delivery Board on 10th November 2022, eight (8) months before the expiry of the current contract. This is contrary to the guidelines and procedures as provided for in the Kenya Gazette Notice 1386 of 17th July, February (sic), 2009 and Vision 2030 Delivery Secretariat Human Resource Instrument. The contract is therefore null and void,” CS Ndung’u said in his letter.
The board then issued a memo on May 18, 2023, informing both the CS and the DG that the contract renewal had been dismissed, and stated the term Nyaga’s term would expire on June 30, 2023.
Yesterday, The Standard visited Ruwaza Centre and was told an acting DG had already taken over Nyaga's functions.