Gen Joseph Kibwana’s return to the helm of the Kenya Ports Authority has drawn mixed reactions from political leaders and the public.
It has also emerged that at least three general managers have taken over the momentous task of leading the parastatal to avoid the paralysis caused by the contest over the managing director.
The GM Operations William Ruto, Engineering Services GM Rashid Salim, GM Finance Patrick Nyoike and Board and Legal Services GM Addraya Dena have effectively taken charge to ensure there is no vacuum.
The appointment of Daniel Manduku to replace Catherine Mturi-Wairi on acting capacity was halted by the High Court on Tuesday.
Manduku told the Star on Friday: "I complied with the court order and am awaiting further directions from the court on 12 June”.
However, Mturi has not stepped into her office since May 30 after she was sent on a two-month compulsory leave.
It also emerged that before the court order, Manduku had not assumed the MD's office and was operating from an office situated at the second container terminal.
"Work is going on as usual. There is no crisis or vacuum," said Hajji Masemo, the senior principal communication officer at KPA.
According to the KPA Act, subject to the direction of the board, the MD is mandated to approve recurrent expenditure within limits determined by the board.
The office bearer also approves any individual capital work of which the estimated cost does not exceed Sh400,000.
He approves any alteration in salaries, wages or other terms and conditions of service of employees.
On Friday, it was unclear to what extent these functions had been affected by the dispute over the top leadership of the port.
While some hailed the new team as good for the revival of the port’s management, some criticized its composition.
Kibwana was appointed by President Uhuru Kenyatta on Wednesday to replace Marsden Madoka whose three-year term expired on April 16. He had previously served in the same position up to 2009.
NEUTRALISE
His appointment is being seen as a move to neutralise the raging squabbles over the ejection of Wairi-Mturi a week ago.
Mvita MP Abdulswamad Nassir and the Dock Workers Union said they were optimistic it would bring change to the port’s operations.
But Omar Mwinyi (Changamwe) and Kenya International Freight and Warehousing Association (kifwa) said the new team is a continuation of the trend of successive governments of excluding Mombasa people.
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“Majority are from upcountry despite the port being hosted in Mombasa. We are not happy at all," he said on phone Thursday.
Mwinyi said they are reflecting on the appointment before making a decision that has political ramifications.
Jomvu MP Badi Twalib, however, said there was regional balance.
"Taking into account that Kibwana is from the Coast, it's only fair members should come from other regions," he said.
Catherine Mturi-Wairi and Kibwana come from Kaloleni and some have argued the appointment was to appease the disgruntled locals.
Nassir said the choice was a good gesture from President Uhuru
Kenyatta's administration.
DWU Secretary General Simon Sang' said poised to be "best perfuming port in Africa within 10 months.”
He said the combination of Kibwana and Daniel Manduku chosen to replace Mturi was workable.
"Kibwana is flexible in terms of cooperation. He has worked and we can attest," Sang' said, adding that the new chairman will implement the performance contracting his union has been pushing for.
KIFWA national chairman William Onjonyo said industry changes at the top may not inform performance at the bottom. "It's high time Kifwa and other stakeholders are incorporated," he said. Ojonyo said policy must match capabilities of appointees.
"We don't have a problem with individuals, we want to know if they can add value. We need to involve experts in the board, for expert opinion so that we bring meaningful changes," he bsaid.
CHALLENGE
On Wednesday, the court ruled that the case contesting Mturi’s removal will go on as scheduled despite a challenge mounted by the port’s management in the Constitutional court.
KPA filed an application seeking orders to temporarily suspend its hearing pending the conclusion of a constitutional petition before Justice Erick Ogola. However, Justice James Rika of the Employment and Labor court on Thursday directed that the case proceeds.
On Tuesday, the Employment and Labour Relations court issued temporary restraining orders to activist Okiya Omtata blocking Dr Manduku from taking over in acting capacity as managing director, thus preserving Mturi in the position until the case is heard and determined.
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Apart from Kibwana who was appointed by the President, the CS for Transport and Infrastructure also appointed five new members to the board.
The board comprises 12 members, half of whom represent government stakeholder institutions - KPA MD, Transport PS, Treasury PS, Attorney General and Kenya Railways Cooperation MD - and the Chairman appointed by the President. Six other members are appointed by the minister in charge of KPA.
On Wednesday, Infrastructure Cabinet Secretary James Macharia gazetted the appointment of Peter Gibendi, Mary Ngare, Conrad Thorpe, Kariuki Njiri and Alice Mwaisaka to serve for three years from June 6.
Michael Maina, son to politician Maina Kamanda, whose term was was also dropped on Friday in a gazette notice.
The fate of Valentine Mwakamba, whose contract is yet to expire,was unkown.
PRESSURE
Mturi’s exit was attributed to the collapse of the KRA clearing system that caused massive congestion at the port last month.
And although CS Macharia denied the allegations, sources say pressure has been piling from CFS operators as well as queries over revenue collected as freight charges from the Standard Gauge Railway.
Besides alleged poor leadership and theft of containers at the Port, the controversy surrounding the management of the Sh60 billion KPA pension scheme is being cited as part of the pressure that forced Mturi out. Members are apprehensive they may lose their funds and fixed assets owing to dubious managerial decisions. Executive member Joseph Oluoch said a masterplan that will see most physical assets sold is in the offing.
He, however, absolved Mturi from allegations that the trustees were acting on her orders.
He said most trustees were appointed by former MD Gichiri Ndua.
KPA staff and retirees have objected to the sale of buildings which KPA claims are expensive to maintain.
"The costs have been exaggerated and inflated," Oluoch said.
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