A Nairobi resident has moved to court challenging the appointment of Eng Erastus Mwongera as the chairperson of Kenya National Highways Authority Board.
Mwongera was appointed as chair of the board in March last year via a gazette notice by President Uhuru Kenyatta for a period of three years, which will end in March 2021.
In a petition filed in court, Tana Peter argued that the appointment of Mwongera was unlawful and illegal.
Through lawyer Charles Omanga, Tana says that Mwongera is not suitable to serve as chair since he has already served two terms as required by law and should step aside.
“It will be irregular and contrary to both the constitution and the statute to retain Mwongera as the chairman of the board beyond the mandatory two terms of service as director of the board,” he said.
He wants the court to bar the chairman from attending to and conducting any official duties, sittings and functions in his capacity as the chairman of the KENHA.
“Consequently as a result of the foregoing, by being disqualified as both director and chairman of KENHA, the authority is not properly constituted and this any business conducted by the said board is unlawful for being sanctioned by a non-qualified person,” he argues.
He is aggrieved that the Mwongera’s appointment as the chairman of the board constitutes a gross violation of the rule of law.
He said the law states that the person appointed should be appointed from amongst the members of the board, be nominated from amongst the organisations named under schedule 3 of the act, and not serve for more than two terms.
