- “The procedure followed in the nomination that culminated in the challenged gazettement cannot be said to have been competitive,” he said.
- The case was filed in court by 10 members of the Kenya National Federation of Sugarcane Farmers (Applicants).
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The High Court has quashed the gazettement and appointment of Samwel Onyango Ong’ow as a member of the Board of Directors of the Agriculture and Food Authority (AFA).
Justice John Chigiti said the gazette notice announcing his appointment is a culmination of a process that is laced with illegalities and the same cannot be allowed to stand.
“The procedure followed in the nomination that culminated in the challenged gazettement cannot be said to have been competitive,” he said.
The case was filed in court by 10 members of the Kenya National Federation of Sugarcane Farmers (Applicants).
They sued one of the officials Ezra Okoth Olodi, Ong’ow, Agriculture and Food Authority, and CS Agriculture (respondents). The Kenya National Federation of Sugarcane Farmers was listed as an Interested party in the case.
Their case was that Ong’ow’s nomination disregarded Article 10 of the constitution as it excluded the federation officials and members of the federation in the nomination process.
The 10 mounted an attack on the respondents' case who argued that the nomination of Ong’ow was a matter of urgency.
The urgency according to court records necessitated Olodi to consult the National Chairperson who advised him to call the National Executive Board Members available at the time.
Olodi argued that out of the 18 National Executive Board members with voting rights, he only managed to reach six. The reason for the urgency given is because of Christmas and the Happy New Year holidays.
What followed was a resolution being passed on January 13, 2023, to nominate Ong’ow for the position.
The Judge in perusing the federation constitution noted that it provides for the sending of notices to members of the National Executive Board through writing/SMS/Emails.
He said the members had a legitimate expectation that they would receive the important communication of Ong’ow’s nomination process through writing/SMS/Emails and not through calls as done by Olodi.
“The approach Olodi adopted denied the other eligible nominees and the other members of the federation their right to participate in the nomination process,” said the Judge.
He trashed the reasons given for the urgency terming them as baseless.
“The procedure followed in the nomination that culminated in the challenged gazettement cannot be said to have been competitive. The fact that there was no effort to send emails nor SMS text to the applicants eroded the competition in the process,” said the Judge.