Nairobi Water MD Nahashon Muguna to leave office after court rescinds extension of his tenure
Petitioner had argued that not even the Public Service Commission has the discretion to whimsically extend service beyond this statutory limit
Nairobi City Water and Sewerage Company (NAWASCO) Managing Director Nahashon Muguna has suffered a blow after the Employment and Labour Relations Court rescinded the extension of his tenure by three years.
Lady Justice Hellen Wasilwa, in her ruling, said Muguna did not provide enough evidence to justify the extension of his service adding that he did not prove possession of specialised expertise or competence to justify the continuation of service beyond the statutory limitations of age 60 which he will be attaining on the day of his exit from office.
The ruling follows a petition by Kenya Union of Water and Sewerage Employees Deputy Secretary General George Otieno Owalo, who told the court that the NAWASCO Board violated the retirement provisions by extending his term by three years, making him remain at the helm for a total of eight years.
Owalo argued that not even the Public Service Commission (PSC) has the discretion to whimsically extend service beyond this statutory limit.
He pointed out that even the two years that the MD acted before the substantive appointment were an illegality.
“The most notable is the undisputed averment that he held an acting position for two and a half years – a clear breach of Section 34 (3) of the Public Service Act, which categorically caps such appointments at six months. An illegality was perpetuated for two full years, and now, in outright defiance of the mandatory retirement age of 60, they seek to extend his unlawful tenure for yet another two years. What began as a contravention of the law cannot be allowed to conclude in equal disregard of it. The law must be upheld,” Owalo explained in his petition to the Court.
According to Owalo, NAWASCO needs to advertise the vacancy for the MD position and allow recruitment through a competitive process.
“Unsubstantiated claims of strong institutional performance, backed only by his Curriculum Vitae – a document of no evidentiary value in this context,” he argued.
“With no certifications or substantive proof provided, these claims stand precisely as (Muguna) would characterise them – ‘bald’ allegations,” he added.
Muguna is now expected to leave office next Tuesday, even though the court did not give directions to NAWASCO to begin the recruitment process.
