KPA had applied for the matter be suspended until the determination of a similar case filed at the Constitutional and Judicial Review division of the High Court/FILE
Mombasa, Kenya, Jun 7 – The Employment and Labour Relations Court has declined to stop a case filed by rights activist Okiya Omtatah protesting the removal of Kenya Ports Authority Managing Director Catherine Mturi-Wairi.
KPA had applied for the matter be suspended until the determination of a similar case filed at the Constitutional and Judicial Review division of the High Court.
On Tuesday, High Court Judge Erick Ogolla issued temporary order suspending the implementation of the decision of the KPA’s board of directors to send Mturi-Wairi on compulsory leave and the subsequent appointment of Dr Daniel Manduku to her position in an acting capacity.
Omtatah has also challenged the decision at the Employment and Labour Relations Court before Justice James Rika, but KPA is opposed to the case and wanted it either dismissed or referred back to the Constitutional Court.
Justice Rika however allowed the case to proceed. He however he refused to grant conservatory orders against KPA.
“There has been an attempt to move this case to the constitutional court, but I have resisted the attempts and the judge has agreed with me that the matters in this case are to do with Employment and Labour Relations Court and not the High Court, so the matter will proceed at the Employment Court. The other matter at the High Court with proceed separately,” said Omtatah.
Justice Rika said there is more information required for him to address the prayers made by Omtatah and has therefore given the activist 14 days to compile all the required details.
He directed that Omtatah to serve KPA, the Attorney General, Mturi-Wairi and Dr Manduku so they can reply within the next two weeks.
Omtatah is also required to put in a further supporting affidavit on what has been requested for with all the supporting documents.
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