The Employment and Labor Relations Tribunal has annulled the appointment of Mr David Nyambasa Nyandoro as Chief Land Registrar.
Instead, Justice Biram Onjaya directed Principal Secretary of the Ministry of Lands and Urban Planning, Mr Nixon Korir, to appoint Dr Peter Mburu Ng'ang'a to the position recommended by the Public Service Commission (PSC) last year.
The court was told that the committee recommended the appointment of Dr Mburu, a former deputy land registrar, on September 28, 2023, but recalled the letter because an “adverse allegation” had been made against him orally.
Justice Onjaya said the PSC had no reason to revoke the appointment because of the oral allegation, which could not be verified.
“The court recognized that the cancellation of Dr. Mboro’s appointment, the withdrawal of the letter conveying his appointment and hence the purported decision to appoint Mr. Nyandoro, are all invalid,” the judge said.
Mr Aggrey Wafula, Busia Senator Okia Umtatah and Mr Issa Ilani Shemao objected to the appointment of Mr Nyandoro as illegal and sought an order to compel Mr Korir to install Dr Mburu as Chief Land Registrar.
PSC Secretary Dr Simon Rotich informed the court that there was a vacancy for the post of Chief Land Registrar and after the position was advertised, nine candidates were shortlisted.
The committee wrote to the EACC requesting information on the candidates and the PS was informed that Dr Mburu had been charged but the charges were later withdrawn. The court heard that Dr Mboro emerged as the best candidate.
The PSC then wrote to PS Korir recommending the appointment of Dr Mboro to the position.
However, the committee allegedly received an intelligence report that adversely affected Dr Mboro, forcing the PSC to rescind its letter containing the appointment.
Mr. Korir then came forward and appointed Mr. Nyandoro to the position.
The judge said the negative verbal communication against Dr Mburu had not been verified and there was a possibility that no such communication existed.
“The committee’s decision to appoint Dr. Mburu Ngang’a as Chief Land Registrar and the committee’s letter conveying the same dated 28 September 2023 are upheld,” the judge said.
Justice Onjaya said all transactions conducted by Mr Nyandoro during the period he was in charge remained valid because he was holding that position by virtue of a court order.
