The High Court has barred Erastus Mwongera from attending any official duties of the Kenya National Highways Authority board.
This follows an application by a Nairobi resident contesting Mwongera's appointment as chairperson of the board.
Mwongera was appointed in March last year via a gazette notice by President Uhuru Kenyatta for three years ending March 2021.
In the petition, Tana Peter argued that the appointment was unlawful and illegal.
Through lawyer Charles Omanga, Tana said Mwongera is not suitable to serve as chair since he had 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 him beyond the mandatory two terms,” he said.
He wanted the court to bar him from conducting any official duties, sittings and functions in his capacity.
“As a result of the foregoing, by being disqualified as both director and chairman of Kenha, the authority is not properly constituted and thus any business conducted by the board is unlawful,” he argued.
He added that the law states that the person appointed should be appointed from amongst the members of the board or from amongst the organisations named under the Act.
Edited by R.Wamochie
