CHALLENGED IN COURT

Lobby faults appointment of Kenya Shipyards boss

Commission for Justice and Human Rights says there was no public participation, advertisement, shortlisting and interviews

In Summary
  • Commission for Justice and Human Rights on February 8 moved to court seeking orders stopping Otieno from discharging the duties of a managing director pending determination of the case.
  • On February 9, Justice Brian Ongaya of the Employment and Labour Relations Court certified the matter as urgent and ordered that KSL, SCAC, ISC and the Attorney General, be served with the papers within two days.
The shipyard.
The shipyard.
Image: COURTESY

A lobby group has opposed the appointment of Kenya Shipyards Limited managing director Brigadier Paul Otieno, saying it was done illegally.

Commission for Justice and Human Rights on February 8 moved to court seeking orders stopping Otieno from discharging the duties of managing director pending determination of the case.

Otieno was appointed on May 31, 2021, by President Uhuru Kenyatta.

In his affidavit, CJHR executive director Julius Ogogoh said the appointment was not gazetted and there was no shortlisting done, meaning he was handpicked.

In his court documents, Ogogoh said the appointment of the KSL board was done a year after that of the managing director, for the purposes of covering up for the illegal appointment(Otieno's).

He said unless the KSL, State Corporation Advisory Committee, Inspectorate of State Corporation and the Attorney General, who are respondents in the suit, are put to accountability, government machinery will continue being shrouded and managed in secrecy.

This, he noted, will result in questions of financial openness, accountability, prudence and management not being addressed and the law being violated.

“The acts of irregularity and illegality will continue and there will be loss of public funds which cannot be recovered,” said Ogogoh.

On January 21, Ogogoh wrote to the Attorney General seeking information regarding the process of Otieno's appointment.

In the letter, he said the President unilaterally and arbitrarily appointed Brigadier Otieno.

“The process of such appointment ought to involve the public from initiation to completion,” Ogogoh told the AG.

He noted that there was no declaration of vacancy, application, shortlisting, interview and appointment as is required in the Constitution.

On February 9, Justice Brian Ongaya of the Employment and Labour Relations Court certified the matter as urgent and ordered that KSL, SCAC, ISC and the Attorney General, be served with the papers within two days.

They were served on Friday but they are yet to respond.

Inter parties hearing is set for March 1.

KSL is a Kenya's nascent ship building and repair facility. It is under the Defence Ministry.

It was borne out of the need for a maritime facility that can repair, maintain, refit, construct ship and provide other maritime services.

KSL is expected to be the main hub for ship construction for not only the government ministries, departments and agencies but for the entire East African region.

On December 17 last year, Uhuru said the new shipyard, the largest in the region, will be able to serve public and private commercial shipping needs.

He emphasised the importance of shipbuilding to the manufacturing pillar of the country's Big 4 development blueprint.

Uhuru said the activity will help unlock the country's immense potential in ocean and Blue Economy.

“The direct, indirect and induced impacts of the Mombasa shipyard will create many jobs, generate diverse investment opportunities and raise revenue for the country,"he said.

(Edited by Tabnacha O)

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