The National Assembly’s Blue Economy Committee is seeking an independent legal opinion to resolve a tug-of-war between the Kenya Fisheries Service Board and the executive over the contract renewal of Director-General Daniel Mungai.

During a session held on Tuesday, the committee chaired by Marakwet East MP Kangogo Bowen said it will consult the Office of the Attorney General, the Prime Cabinet Secretary, the KeFS Board and the State Corporations Advisory Committee before issuing a conclusive report. This followed revelations that conflicting directives had created uncertainty around the leadership of the Fisheries Service.

The row traces back to July 2024, when the KeFS Board recommended Mungai’s reappointment and forwarded the decision to the then acting Cabinet Secretary Musalia Mudavadi, who supported the move. Mungai had formally requested renewal of his contract six months before its expiry.

“Six months before the expiry of his contract, Mr. Mungai wrote to Col. (Rtd.) Noor Musa, Chairperson of the KeFS Board of Directors, expressing interest in having his contract renewed for a further four years,” said Cabinet Secretary Hassan Joho, who now heads the Ministry.

However, Joho told the committee that the board later sought guidance from the Prime Cabinet Secretary’s office, which overruled the earlier approval and advised against renewing Mungai’s contract, directing that his term end in October 2024. "It is worth noting that the Board sought the Prime Cabinet Secretary’s advisory in filling the position of Director-General in disregard of guidance from the then Cabinet Secretary," said Joho.

He said the ministry was expected to initiate recruitment of a successor, but a decision by his predecessor, Salim Mvurya, extended Mungai’s term by six months and instructed the board to advertise the position.

The board and the Director-General’s office later wrote to the State Corporations Advisory Committee (SCAC) on February 21, 2025, seeking clarity on the recruitment process. SCAC approved the advertisement on March 4, but it was withdrawn six days later to allow more consultations.

Joho insisted he is the legally mandated appointing authority and urged MPs to support a transparent and inclusive recruitment process. “The decision ultimately rests with me as the Cabinet Secretary. I urge this committee to support my directive to re-advertise the position and ensure it is filled through a fair and competitive process,” he said. “There are many young Kenyans who have the capacity and should be allowed to apply.”

In response, Hon. Bowen said the committee would gather all relevant legal and institutional perspectives to avoid a repeat of the confusion. “As a way forward, we need to get an independent advisory opinion from the Office of the Attorney General on the legal ramifications, as well as consult the Board, the Office of the Prime Cabinet Secretary, and the State Corporations Advisory Committee so that we can prepare a conclusive report,” he said.