The Employment and Labour Relations Court has suspended the extension of the service term of Nairobi City Water and Sewerage Company Managing Director Nahshon Muguna. The suspension will remain in effect until a case challenging the extension is heard and determined.
Justice H. Wasilwa issued the order, certifying the matter as urgent and setting the inter partes hearing for January 20, 2025. “The application is certified urgent. I direct that it be served upon the Respondents and be heard inter partes on January 20, 2025. In the meantime, the application is allowed in terms of prayers 1 and 2,” ruled Justice Wasilwa.
The case was filed by George Otieno, represented by the Sheria Mtaani na Shadrack Wambui Organization. The petitioner argues that the extension of Muguna’s term was unlawful, alleging that it violated legal provisions and the Constitution.
Otieno claims that Muguna’s extension was communicated via a letter dated November 6, 2024, and that it sought to extend his tenure from May 27, 2025, to May 26, 2028. He further asserts that the process was flawed, alleging that Muguna was not subjected to the mandatory six-month probation period as required under Section 41 of the Public Service Commission Act and Clause 4.3.2 of the HR Manual.
“During the Interested Parties’ meeting convened on November 6, 2024, the parties, in what appeared to be a hastily pre-determined decision, purported to conduct a performance appraisal of the 1st Respondent. Following this process, they resolved to extend his tenure as Managing Director,” Otieno told the court.
The petitioner seeks a conservatory order to halt the implementation of the extension until the court determines the legality of the decision. The case will be mentioned on January 20, 2025.
