A judge has revoked the appointment of David Nyambaso Nyandoro as the Chief Land Registrar and upheld an earlier Public Service Commission letter that appointed Peter Mburu Ng'ang'a.
Petitioners Aggrey Wafula, Okiya Omtatah and Issa Elanyi had challenged Lands PS Nixon Korir's decision to appoint Nyandoro instead of Mburu who topped the PSC interviews.
They argued that PSC decision to rescind Mburu's appointment in September last year was unconstitutional.
PSC had conducted interviews for the job in which Mburu emerged top followed by Nyandoro and Maina Sarah Chelimo, both of whom were placed on the reserve list.
But the commission rescinded the decision to appoint Mburu after it had been communicated to the PS after receiving adverse report on his suitability from the National Intelligence Service.
In his ruling, Justice Byram Ongaya of the Employment and Labour Relations Court in Nairobi ruled that PSC had no powers to rescind Mburu's appointment after it had been conveyed to the PS.
The court said Mburu was validly appointed and any reports on his suitability ought to have been considered before and during the interviews.
"The hereby issues a declaration that the PSC decision purportedly rescinding the appointment of Peter Mburu Ng'ang'a and the decision purportedly appointing David Nyandoro were all void acts and therefore a nullity and are set aside," Justice Ongaya said in his judgment.
The court ordered Lands CS Alice Wahome and PS Korir to fully implement Mburu's appointment as the Chief Land Registrar.
