Blow as court quashes appointment of ex-MPs Murugi, Galgalo to NLC
The Employment and Labour Relations Court in Nairobi has quashed the appointment Esther Murugi and Tiyah Galgalo to the National Land Commission (NLC).
Activist Okiya Omtata had, in a petition initially filed before the High Court, challenged the appointment of the former Nyeri Town Member of Parliament (MP) and the ex-Isiolo Woman Representative.
Justice Hellen Wasilwa, in a ruling delivered on Thursday, found the nomination of the two as unconstitutional and flouting principles of appointment in the public service.
“In the circumstances, I find the said nomination invalid, null and void and proceed to quash their nominations accordingly,” read the judgment.
The court further ruled that Parliament acted in excess of its powers by going beyond their mandate and asking Ms. Galgalo who did not have a tax compliance certificate from the Kenya Revenue Authority (KRA) at the time of the interview process to get one during the vetting process.
“In exercise of this Court’s jurisdiction as mandated by the Constitution, I note that indeed it was excess of its power Parliament to bend back and ask a nominee to go and get document to qualify her for nomination when the duty of Parliament was to find out her suitability for nomination…” added the judgement.
“This was indeed improper exercise of parliamentary power, which should be exercised without regard to matters beyond its mandate to vet the nominees.”
Justice Wasilwa also added that: “The selection panel as constituted was incompetent but that did not affect the outcome of its entire process.”