Transport Cabinet Secretary James Macharia is entangled in a legal turf with a housing association over President Uhuru Kenyatta’s housing plan in the Big Four Agenda.
Macharia, through an advert in a local daily, had sought to form an advisory board to oversee the project.
The Federation of Kenya Employers (FKE), however, sought to legally challenge his decision to appoint nominees to the board and won.
In his ruling, Justice Nelson Abuodha issued an injunction barring the CS from either appointing the nominees or forming the board.
“An injunction order is hereby issued restraining the minister from proceeding with any actions and process aimed at appointing members of an advisory board and/or establishing and advisory board,” ruled Abuodha.
The ministry had resorted to having three nominees from five organisations which included FKE, the Central Organisation of Trade Unions, Kenya National Union of Teachers, the Union of Kenya Civil Servants and the Kenya Private Sector Alliance.
FKE, however, moved to court to challenge the CS's plan claiming that it did not involve public participation and that the Housing Act did not mandate him.
“Establishment of the board and the call for nominations of members contravenes the provisions of Housing Act,” FKE executive director told the court.
The Federation further questioned why the ministry was in a hurry to form the board yet a court had earlier the 1.5 per cent National Housing Development Fund.
COTU Secretary general Francis Atwoli had filed a suit challenging the constitutionality of the 1.5 per cent deduction on workers’ wages towards the fund.
The court subsequently issued a suspension order against its implementation on December 19.
