The Coast Water Services Board will soon start the recruitment of its next chief executive officer after legal hurdles were cleared.
Recruitment has been pending since former CEO Jacob Torrut moved to court contesting the extension of his term by one year. He wanted a two-year extension, though he said he was entitled to a three-year extension.
The Mombasa Employment and Labour Court dismissed his petition.
Water board chairperson Omar Boga said they are in the process of advertising the position that fell vacant when Torrut's term ended.
He said the court case was the major setback to their recruitment, which was to start before Torrut's term ended.
“The process will begin as soon as possible. It will be a fair, credible and transparent process,” Boga said.
Torrut was appointed in 2017 and his term ended last year.
After evaluating his performance, the board extended his contract by one year ending on May 5.
A few months before his term ended, Torrut requested his term be extended by two years so it would end in 2022.
The request was turned down by the Water CS.
Torrut moved to court seeking conservatory orders staying the decision not to extend his term.
He wanted the court to order that he remains the CEO and stop the board's request for him to proceed on terminal leave.
Torrut also wanted the court to restrain the board from advertising the position and said as CEO, he was eligible for one further term.
However, the court said he voluntarily signed his one-year contract and was aware of board decisions.
Judge Byram Ongaya said on extension of the term, the law is not clear on how many years the term could be extend or whether the extension must be limited to three terms.
Ongaya said the petitioner did not establish any term or condition of the contract that was breached when his term was extended for a year.
He also ruled that Torrut failed to establish how his human rights were violated when the board failed to extend his term further.
Edited by Kiilu Damaris
