Human Resource Management Professionals Examinations Board(HRMPEB) CEO Nicholas Kanisa suffered a blow after the employment court nullified his appointment for being illegal.
In the case, CS Abdiaziz Sheikh Maad Chrp moved to court through lawyer Omayio Arang’a challenging Kanisa’s appointment saying it was irregular because he was a board member before being given the position after interviews.
Employment and Labour court Judge Byrum Ongaya agreed with Maad and said Kanisa’s appointment was not only illegal, it was null and void.
Justice Ongaya ordered HRMPEB to immediately terminate the appointment of Kanisa.
“Appointment of Nicholas Kanisa as CEO is illegal, unconstitutional null and void for failing to disclose how he was appointed ,”court ruled.
The court further said the Board failed to consider the fact that Kanisa was a board member who had taken part in the critical process leading to the creation of the vacancy before resigning to interview for the same position.
It was the courts finding that he failed to declare the conflict of interest thus violating the principle of national values and public governance.
“The court finds that Kanisa is guilty of conflict of interest in the process leading to his recruitment, selection and appointment as CEO of HRMPEB,” Judge Ongaya ruled.
Justice Ongaya further ruled that the role as board member was invertedly consist with Kanisa’s interest in the vacancy of CEO as he has insider information and until the shortlisting stage, he had participated in the recruitment process.
The court noted that Kanisa remained a board member throughout the period of selection and recruitment process.
The court also said that Kanisa was appointed by board members who he worked with before when he was in the board which is conflict of interest.
In his case, Maad had told court through lawyer Aranga that the appointment of Kanisa was irregular and definitely the said CEO was conflicted.
Aranga said his client Maad applied for the position and was shortlisted for the position went through the interviews only to be sent a regret email that he was unsuccessful.
Later on, Aranga says Maad saw that Kanisa had been appointed the CEO which was shocking to him as he knew him to be a board member.
According to court papers, Maad claims that on the interview day at Serena Hotel all the shortlisted candidates were waiting together but he never saw Kanisa sitting with them.
Aranga argued that the appointment of Kanisa as the CEO of HRMPEB and the entire process leading to his appointment fails the constitutional test of integrity as set under chapter six.