A city-based activist has won round one after a Nairobi court dismissed a preliminary objection that sought the court to help dismiss a petition that sought to dismiss the entire Public Service Board within the Nairobi City County administration.
The Employment and Labour Relations Court sitting in Milimani has rejected an application that sought to dismiss
a petition filed by Lawrence Oyugi who wanted the removal of the entire Nairobi City County Public Service.
Justice Ocharo Kebira dismissed a notice of preliminary application filed by Aisha Karanja, who had been sued along side eight others.
Ms Karanja had filed a preliminary objection application in court terming Oyugis application,”a non-starter in law, incompetence and hopelessy defective cravings that needed to be dismissed _ex-debito justiciae._ “.
The court directed that the petition by Oyugi be heard in totality.
Oyugi has emphasized that the entire service board was selected irregularly, without public participation and in violation of the law, warranting its removal.
“The recruitment of the board members was not competitive as the vacancies were not advertised in the local newspapers, long listing and short listing of candidates was not conducted and subsequent interviews conducted,” his petition reads in part.
Following the petition’s determination, Justice Kebira instructed Oyugi to serve the documents to the respondents and set the hearing date.