Two former members of the National Assembly have taken an action after they were fired from lucrative positions where they had been appointed by President Uhuru Kenyatta.
A report by The Standard on Thursday, October 22, indicated that the two, Former Nyeri Town MP Esther Murugi and former Isiolo Woman Rep Tiya Galgallo were dismissed from their roles as National Land Commission (NLC) commissioners in November 2019.
Through lawyer Tom Ojienda, the two contested their dismissal from the roles by the Employment and Labour Relations Court claiming that due process was not followed.
They argue that they had been gazetted by the President and the court lacked the jurisdiction to hear and determine the case.Former Isiolo Woman Rep Tiya Galgallo during her vetting.The Standard
They further contend that the constitution had laid out elaborate procedures for the removal of commissioners in constitutional commissions.
The mechanisms, Ojienda explained, included being ejected on specified grounds and not through the judicial process.
The case was filed by activist Okiya Omtatah challenging the manner in which the two were appointed into office noting that they had not been shortlisted.
The Gazette Notice had been published in October 2019 while their revocation happened in November - a month later.
The judge who presided over the case revoked their appointment arguing that their vetting by Parliament was not within the powers.
The case is set for mentioning on December 18, 2020.
At the time, the High Court nullified their appointment explaining that Uhuru had erred in his appointment since the two had not applied for the positions.
The two had reportedly applied for the position of chairman and had been shortlisted.Former Nyeri Town MP Esther Murugi.
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