The Employment Court has quashed the appointment of Mary Wambui as the chairperson of National Employment Authority.
In a ruling, Justice Onesmus Makau on Friday said the appointment was irregular and that the former Othaya MP does not meet the qualifications of the office.
“The upshot is that the two petitions succeeds and the reliefs granted as sought,” the judge said.
According to the judge, the appointment of Ms Wambui did not meet the constitutional and statutory requirements.
He went ahead and quashed the gazette notice and issued a permanent injunction barring her from taking the post.
Kenya Young Parliamentarians Association said in a petition that she was not qualified under the law, policy and best practice, to be the chairperson of the authority.
The petition said Ms Wambui did not conform to the provisions of Section 10 (2)(c) of the National Employment Authority Act and does not meet the threshold of having at least seven years’ experience in human resource management or its equivalent.
The association said in the petition that Ms Wambui has on several occasions personally admitted that she possesses a limited educational background which for all intents and purposes makes her unqualified and unsuitable to conduct the affairs of the chairperson, in light of the specialist academic and professional requirements.
In its provisions on who qualifies to be a chairperson, National Employment Authority says that person needs to be a citizen of Kenya and should meet the integrity requirements of the Constitution.
“(The person should have) at least seven years’ experience in human resource management or its equivalent,” says the act.
While the Act does not provide age limits for the ideal person to be chair, many Kenyans were enraged when the former Othaya MP was appointed to head the agency.
Among the roles vested on the authority is the circulation of any available vacancies “through appropriate means including use of social media, internet, and published materials” as the Act says.
It is also supposed to register persons seeking employment and to maintain the list.