The Labour Court in Nairobi has given the green light for the National Transport and Safety Authority (NTSA) to recruit a new boss after the lapse of the term of current Director General George Njao.
Justice Byram Ongaya in his ruling said that the NTSA can recruit anyone but comply with the law.
He observed that the central controversy in the case is whether Njao is eligible to re-apply or be considered for the same position after the expiry of his term.
"As it is alleged, Njao contract of service has since lapsed, pending the inter-parties hearing or further orders by the court, the respondent is at liberty to recruit a qualified person to fill the accruing vacancy in strict compliance with Chapter 6 of the Constitution of Kenya, 2010 on Integrity and Leadership and as well. (They should also take) into account the values and principles in Articles 10 and 232 of the Constitution as they apply to recruitment, selection, and appointments in public and state offices," he ruled.
The case was filed by Edwin Oduor, who alleges that the Agency had failed to manage runaway accidents on the roads during Njao's stint in office. Justice Ongaya directed Oduor to serve his papers and appear before him on January 19.