Reversal of KLB MD Appointment Sparks Dispute.
Education Principal Secretary Belio Kipsang’s move to reverse Kenneth Jumba’s appointment as the acting Managing Director of Kenya Literature Bureau (KLB) has led to a significant dispute with the board. In a letter dated July 19, 2024, Dr. Kipsang directed KLB Board Chairperson Rispah Wephukulu to reinstate Victor Lomaria as the MD.
The KLB board, comprising nine members, had approved Jumba’s appointment and informed Kipsang. Despite this, the PS instructed Wephukulu to submit the CVs of all KLB managers for consultations regarding the acting MD’s appointment before Lomaria’s term ends on August 31. This directive went to top officials including Prime Cabinet Secretary Musalia Mudavadi, Chief of Staff Felix Koskei, PS Treasury Chris Kiptoo, and the State Corporations Committee and Inspectorate. The board, however, opposed this reversal, citing their appointment authority granted by the President in 2016.
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Lomaria’s Tenure and Legal Controversies
A senior KLB staff member revealed that the board placed Lomaria on compulsory leave, but he chose to stay in his role. Lomaria began his second term on March 4, 2019, and extended it for five years, contrary to the Mwongozo Code of Conduct’s three-year term rule. Catherine Wanjiru, a Kenyan citizen, contested this renewal in court, noting the government did not gazette it. The gazette published Lomaria’s initial three-year appointment, effective September 1, 2016, on December 13, 2016, after then Education CS Fred Matiang’i wrote a letter. However, the renewal letter dated March 4, 2019, from former CS Amina Mohammed, lacked board approval, raising questions about its legality.
The Human Resource Policy and Procedure manual for public service limits an MD’s maximum term to three years. The KLB manual from February 2018 states that an MD’s term can only be renewed based on proven performance. The ongoing conflict likely revolves around a Sh3.5 billion tender for supplying Competency-Based Curriculum (CBC) books for Grade 9 students in 2025.
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Court Cases and Allegations
KLB, a state-owned enterprise, publishes, prints, and distributes various educational and cultural materials. In court documents before Employment Judge Justice Anna Mwaure, Wanjiru argues that Lomaria has illegally held office since his term expired on August 31, 2022. She also challenges the new organizational structure implemented by Lomaria, alleging lack of employee consultation. In response, Lomaria asserted that the new structure received Public Service Commission (PSC) approval before its implementation. The case will be mentioned on July 29.
In another legal matter, 34 employees have sued Lomaria for discrimination regarding Incremental Credits payments, given annually as royalty credits. Lomaria opposed the petition, and the court’s decision is expected on July 26.
In conclusion, the clash between Education PS Belio Kipsang and the KLB board over the appointment of the acting Managing Director has escalated into a complex legal and administrative issue. The ongoing court cases and internal conflicts highlight the significant challenges faced by the Kenya Literature Bureau in maintaining its leadership and operational integrity.
Reversal of KLB MD Appointment Sparks Dispute.
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