Monday, February 18, 2013

Workers protest KPA boss contract renewal


Transport Minister Amos Kimunya (centre) with the Messina Lines Shipping Company managing director Guiseppe Fidelel (left) and the Kenya Ports Authority (KPA) managing director Francis Gichiri Ndua at a past function on July 6, 2012. Photo/GIDEON MAUNDU
Transport Minister Amos Kimunya (centre) with the Messina Lines Shipping Company managing director Guiseppe Fidelel (left) and the Kenya Ports Authority (KPA) managing director Francis Gichiri Ndua at a past function. Photo/GIDEON MAUNDU  NATION MEDIA GROUP
By GALGALO BOCHA gbocha@ke.nationmedia.com DANIEL NYASSY dnyassy@ke.nationmedia.com
Posted  Monday, February 18  2013 at  17:00
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Transport Minister Amos Kimunya on Monday came under attack after renewing the contract of the Kenya Ports Authority (KPA) managing director Francis Gichiri Ndua by a further three years.
The Dock Workers' Union and the Muslim For Human Rights Organisation (Muhuri) told Mr Kimunya to de-gazette Mr Ndua’s appointment or face a court battle.
Muhuri executive director Hussein Khalid said his organisation in consultation with the Dock Workers' have agreed to move to the court and quash Mr Kimunya’s swift move to extend the terms of the KPA boss.
“We are already in consultation with the Dock Workers' Union and we have agreed that if the government does not with immediate effect de-gazette this appointment, then we will proceed to court to ensure that it is stopped forthwith and due process is followed. This will ensure that the county government is involved in this appointment,” he said.
However, the Dock Workers' national gender chairperson, Ms Shariff Kassim told Nation on phone that they will issue a press statement on the same.
“It was a wrong decision but we have to meet and discuss the issue extensively before delivering a statement,” she said.
While terming the appointment as illegal, Mr Khalid argued that under the Constitution, such appointment could only be executed by the incoming county government.
“According to the Constitution, ferries and harbours falls under the jurisdiction of county government. The national government has no authority to appoint the managing director of the Kenya Ports Authority. This is illegal and it must be stopped immediately,” Mr Khalid told a press conference.
Mr Khalid further said the holder of the KPA managing director post should be subjected to a rigorous vetting process and accused Mr Kimunya of breach of the law.
“Even if the national government had the authority to appoint the managing director, then due process should have been followed. There should be an advertisement; people should have applied, shortlisted and vetted. You cannot have a person appointed to lead one of the top parastatal without due process,” he said.
A former commissioner with the Kenya National Human Rights Commission (KNHCR) Mr Khalifa Khelif also accused Mr Kimunya of tribalism and warned him against overlooking legal procedure in the execution of his ministerial mandates.
“Every time Kimunya makes an appointment, you will see him leaning towards tribal element and this is not the first time. We are here to protect the Constitution. This appointment should follow the law and if it doesn’t we will fight it,” added Mr Khelif.
Kenya National Muslim Advisory Council National chairman Sheikh Juma Ngao also told Mr Kimunya to overturn the appointment within 72 hours or forget Jubilee Alliance support among Coast residents.
“If he will not de-gazette the appointment within 72 hours, I will lead the Coast masses to move away from the Jubilee Coalition,” said Sheikh Ngao who recently declared his support for the alliance’s presidential candidate Uhuru Kenyatta.
Sheikh Ngao said the central government has no authority to oversee the management of the KPA.
“It is not upon Kimunya to decide anymore who should remain as MD, it is the Mombasa County government which will vet and determine whether Mr Ndua should continue being the MD or be replaced after the General Election,” argued Sheikh Ngao.

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