Duba’s case to go on but he remains Town Clerk

May 11, 2012 10:04 am
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The judge had dismissed the case and reinstated Duba after the petitioner Patrick Njuguna failed to appear in court on May 8/FILE

, NAIROBI, Kenya, May 11 – The High Court on Friday reinstated a case challenging the appointment of Roba Duba as Nairobi Town Clerk.

Justice Mohammed Warsame however said an order he issued on Wednesday reinstating Duba will remain in force as the case continues.

The judge had dismissed the case and reinstated Duba after the petitioner Patrick Njuguna failed to appear in court on May 8.

It however turns out that the case was in fact listed for hearing on May 18 and not May 8 as earlier thought.

Warsame has now directed the activist to serve all the parties with his application within 14 days, for the case to be heard on May 28.

Duba’s appointment had been blocked by the same judge immediately after taking over from Philip Kisia following Njuguna’s claims that the Ministry of Local Government did not subject him to a competitive recruitment procedure as provided for in the Constitution.

On Monday, Duba sought a court directive to be allowed to serve as the Nairobi Town Clerk arguing that Njuguna obtained the order without disclosing crucial information and facts, for the court to arrive at a just ruling.

Duba further argued that if the order prohibiting him from performing his duties remained, then the public would suffer great prejudice because he had already taken over from the outgoing Town Clerk.

Duba said he is properly employed as a civil servant through the Public Service Commission and has the capacity and is mandated to perform the duties of the Town Clerk of the City Council of Nairobi.

He argued that Njuguna’s application was based on speculation and misconception of the law and is motivated by bad faith.

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