The High Court has annulled the appointments of nine senior managers at the Kenya Literature Bureau (KLB), ruling that the recruitment process violated the rule of law and the Constitution.
The appointments, made in June 2024, were deemed invalid after Justice Helen Wasilwa found that the KLB board, led by Managing Director Victor Lomaria, failed to conduct a competitive and transparent recruitment process.
In her ruling, Justice Wasilwa declared, “The respondents have failed in their duty to uphold the rule of law, Constitution, and to protect public interest in making appointments dated June 28, 2024, without conducting competitive and seamless recruitment.”
She also declared the appointments of various acting managers, including those for the general manager of publishing, production, and commercial services, as void.
An order of certiorari was issued to quash the appointments of the nine acting managers, stating that the process lacked proper consultation and transparency.
The judge further emphasized the role of the Public Service Commission (PSC) in approving human resource policies, as outlined in Article 232(2) of the Constitution.
“An injunction is hereby issued to prevent the respondents from implementing the new HR instruments until the same are subjected to public participation and consultation with staff,” the judge directed.
Justice Wasilwa ordered KLB to carry out a fair and competitive recruitment process for the position of managing director after Lomaria’s term expires in August 2024, ensuring compliance with the law and the Constitution.
This decision follows a legal challenge filed by Ms. Catherine Wanjiru Njuguna, who contested Lomaria’s continued stay at KLB and the newly approved organizational structure. Wanjiru argued that the structure was approved by the PSC in March but implemented without public participation or staff consultation.
In his defense, Lomaria stated that his term was renewed by the Cabinet Secretary for Education in September 2019 for five years, set to end in August 2024.
He further claimed that the PSC had reviewed and approved the new HR structure in May 2024, which he then proceeded to implement.
“It is therefore false and vexatious for the Petitioner to allege that KLB has implemented an HR Structure without the requisite approval from the PSC,” he said.
Wanjiru, through lawyer Henry Kurauka, accused KLB of bypassing public participation in formulating the new structure.
“It is clear that the impugned HR instruments, 2024, did not undergo any public participation or stakeholder involvement,” she said.
Wanjiru also sought a declaration that Lomaria’s term had expired in September 2022, and the new structure was unconstitutional since it lacked PSC approval.
In response, Lomaria’s lawyer, Irene Kashindi, argued that Wanjiru had not shown how she was personally affected by the changes.
Kashindi called the petition “frivolous and vexatious” and contended that there was no legal requirement for an employer to consult employees in developing HR structures.
She also defended the appointments, saying that the board considered factors such as qualifications, performance, and ethnic balance in its decisions.
Lomaria further defended the changes, stating that any disruption of the new structure would adversely affect KLB’s operations, including the printing and supply of textbooks to over 21,000 primary schools and 9,000 secondary schools in Kenya.
“This is in addition to supplying to the newly established Junior Secondary Schools,” Lomaria noted.
In her ruling, Justice Wasilwa directed KLB to address the issues raised in the case, emphasizing that the recruitment process must be fair, transparent, and comply with legal and constitutional standards.
