, MOMBASA, Kenya, Jun 8 – The Kenya Ports of Authority on Friday asked the Mombasa High Court to quash temporary orders it issued to reinstate ousted Managing Director Catherine Mturi-Wairi.
The matter was filed under a certificate of urgency before High Court Judge Eric Ogola.
KPA, through lawyer Cecil Miller, asked the court to dismiss the directive issued on June 5.
KPA argues that the court has no jurisdiction to deal with the matter.
“This court lacks jurisdiction to hear and determine this matter and should be rightly handled by the Employment and Labour Relations Court, which has the right to hear and determine matters touching on infringement of constitutional rights as per Article 165 of the constitution,” reads the application.
Miller also informed the court that there exists another petition in the Employment and Labour Relations court made by activist Okiya Omtatah touching on the same matter whose hearing is scheduled for June 28.
Miller further informed Justice Ogola that parties in the matter had already taken directions, a fact that has left the issues being deliberated in two courts that have given contradicting orders as to conservatory orders.
Ogolla asked KPA to serve all the parties involved and come for inter-parties hearing on June 12.
Emmanuel Chengo Kenga had obtained the orders staying a decision by the KPA board to suspend the MD and replace her with Daniel Manduku.
On Thursday, KPA failed to stop the case filed by Omtatah at the Employment and Labour Relations Court.