Unlawful Reappointment of KLB Boss: PSC Tells Labour Court.
The Public Service Commission (PSC) has declared the reappointment of Victor Lomaria as the Managing Director of the Kenya Literature Bureau (KLB) unlawful. This assertion was made in a submission before the Employment and Labour Court. The commission criticized the decision by former Education Cabinet Secretary Amina Mohammed to extend Lomaria’s contract by five years starting September 1, 2019.
The PSC’s submission came in response to a case filed by Kenyan citizen Catherine Wanjiru, who challenged Lomaria’s contract renewal and KLB’s new organizational structure. Acting Chief Executive Remmy Mulati represented PSC in the court, stating that the reappointment violated the Mwongozo Code of Governance for State Corporations.
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The PSC argued that, although the statute establishing KLB does not specify a term limit for the Managing Director, the term limit prescribed under the Mwongozo Code should apply. According to the code, Managing Directors and CEOs should serve a three-year term, renewable once, subject to board evaluation. Mulati emphasized that when a contract is renewed once, all terms of the original contract, including the duration, should remain unchanged.
Mulati explained that the PSC and the State Corporation Advisory Committee issued the Mwongozo Code to clarify issues like term limits for MDs, where the law is silent. On July 17, 2024, the commission wrote to the Education Cabinet Secretary and the KLB board, highlighting the illegality of Lomaria’s reappointment and directing them to take corrective measures.
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The PSC pointed out that Lomaria’s initial appointment was for a three-year term starting September 1, 2016. They then renewed his contract for five years beginning September 1, 2019, which PSC deemed improper. Mulati stated that PSC’s role is to investigate, monitor, and evaluate the organization, administration, and personnel practices of the Public Service. Additionally, PSC issues guidelines and policies for state corporations.
Catherine Wanjiru, who filed the lawsuit against Lomaria and KLB, named PSC as an interested party. She argued that Lomaria’s term legally ended on August 31, 2022, rendering his current position illegitimate.
In contrast, PSC submitted that it had reviewed and approved KLB’s staff establishment, organizational structure, and grading structure. They communicated their approval through a letter dated May 21, 2024. Lomaria defended his position in court, asserting that PSC approved the new structure, and any contrary claims were false.
Unlawful Reappointment of KLB Boss: PSC Tells Labour Court.
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