The Law Society of Kenya secured the suspension of Tourism CS Najib Balala's appointees to the Tourism Regulatory Authority Board.
Balala had appointed Pauline Njoroge, Kevin Muasya, Alais Lenana Momoi Njoroge and Isaac Muchiri Njangu. He however revoked Pauline's appointment and replaced her with TV journalist Najma Ismail.
Speaking to Kenyans.co.ke on Friday, August 14, LSK President Nelson Havi stated that suspension orders issued by the Employment and Labour Relations Court Justice Hellen Wasilwa were given because the CS's appointments were unconstitutional.
He explained that Balala did not adhere to the requirements of the Tourism Act 2011 revised in 2012.
"The process should have been competitive as the law stipulates. The law requires the apointees to have expertise in the tourism industry and also be submitted to the National Assembly for approval," he explained.
The act states that the TRA board shall consist of "six other members, not being public officers, nominated or selected through a competitive process taking into account regional balance and gender parity and appointed by the Minister, of whom, two shall be nominated by the registered tourism sector associations and four shall be persons who have expertise in tourism or tourism-related disciplines."
"The names of persons proposed for appointment shall, before they are appointed, be laid before the National Assembly for approval," the act adds.
Speaking on Balala's move to nominate Ismail to replace Pauline after uproar from Kenyans, Havi stated that her appointment was also unconstitutional and therefore also suspended.
The case was scheduled for August 27, 2020 when Justice Wasilwa will hear arguments from the interested parties.
“That pending the hearing and determination of this application interpartes, an interim order be and is hereby issued suspending the Gazette Notice Vol. CXXII- NO. 150 No. 5462 dated 7th August, 2020 notifying of the appointment of the Interested Parties herein as members of the Tourism Regulatory Board for a period of three years effective from 7th August, 2020,” Justice Wasilwa ordered.
Paulines's appointment had sparked criticsm from many Kenyans due to her past sentiments about Nairobi National Park which advocated for it to be developed.
“How much revenue does Nairobi National Park bring to this country? Isn't there much much more that can be done with it that will add more value?” her past Facebook post read.
The park, which is favoured as the only national park in the world that is within a capital city, has been under threat for many years and some Kenyans have seen her appointment as a step back.
“The way appointments are done in this country is just interesting! After what Pauline Njoroge had earlier posted about Nairobi National Park, does she deserve to be in that Tourism Board really?” posed politician Alinur Mohamed.
