High Court ends Nahashon Muguna’s extended tenure at Nairobi Water
Muguna’s contract ends on May 27, which is also the day he turns 60, but the board of Nairobi City Water and Sewerage Company (NAWASCO) had extended his term by three more years.
The Employment and Labour Relations Court has nullified the extension of Nairobi Water Managing Director Nahashon Muguna’s contract and ordered him to vacate office within five days.
Muguna’s contract ends on May 27, which is also the day he turns 60, but the board of Nairobi City Water and Sewerage Company (NAWASCO) had extended his term by three more years.
In her ruling, Justice Hellen Wasilwa said Muguna failed to prove he had unique skills or exceptional competencies to justify remaining in office past the mandatory retirement age.
The judge said his continued stay in office would go against clear statutory guidelines that bar public officers from working past 60 unless under special conditions.
The case was filed by George Otieno Owalo, Deputy Secretary General of the Kenya Union of Water and Sewerage Employees.
He accused the NAWASCO Board of breaching the law by allowing Muguna to continue holding office past the legal retirement age and demanded that the position be filled competitively.
"The most notable is the undisputed averment that he (Eng Muguna) held an acting position for two and a half years – a clear breach of Section 34 (3) of the Public Service Act, which categorically caps such appointments at six months," Owalo said in his court petition.
He added, "An illegality was perpetuated for two full years, and now, in outright defiance of the mandatory retirement age of 60, they seek to extend his unlawful tenure for yet another two years. What began as a contravention of the law cannot be allowed to conclude in equal disregard of it. The law must be upheld."
Owalo argued that not even the Public Service Commission has the power to override this rule without justifiable cause. He said Muguna’s justification, which cited good performance, was not backed by solid evidence.
"With no certifications or substantive proof provided, these claims stand precisely as (Eng Muguna) would characterise them – 'bald' allegations," Owalo said.
The court did not order the NAWASCO Board to begin a fresh recruitment process, but with Muguna’s last day in office set for Tuesday next week and no legal room for extension, the board must now find a replacement.
