The Nairobi Water Managing Director Nahashon Miguna got a setback after the court quashed the decision to extend his term even though he is turning 60 soon.
The High Court has ruled that the extension of Nairobi Water Managing Director Nahashon Muguna’s term by three years beyond his 60th birthday is illegal and unconstitutional.
Justice Hellen Wasilwa ordered that Muguna must vacate office upon attaining the age of 60.
Justice Wasilwa in her judgement further ruled that he does not have any special skills to warrant his term extension.
In the case, George Otieno, represented by Sheria Mtaani na Shadrack Wambui Organization argued that that the extension of Muguna’s term was unlawful, alleging that it violated legal provisions and the Constitution.
He claimed that Muguna’s extension was communicated via a letter dated November 6, 2024, and that it sought to extend his tenure from May 27, 2025, to May 26, 2028. Lawyer Wambui further argued that that the process was flawed, alleging that Muguna was not subjected to the mandatory six-month probation period as required under Section 41 of the Public Service Commission Act and Clause 4.3.2 of the HR Manual.
The court further heard that a meeting convened on November 6, 2024, the parties, in what appeared to be a hastily pre-determined decision, purported to conduct a performance appraisal of the 1st Respondent. Following this process, they resolved to extend his tenure as Managing Director.
