Business

Monica Juma used non-existent law to hire power firm directors


Economy

Monica Juma used non-existent regulation to rent energy agency administrators


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Energy secretary Dr Monica Juma throughout a media briefing to deal with the gas scarcity disaster at Kawi House on April 14, 2022. PHOTO | DIANA NGILA | NMG

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Summary

  • Energy Cabinet Secretary Monica Juma is on the spot for utilizing a non-existent regulation to rent six administrators of Rural Electrification and Energy Corporation.
  • Dr Juma has now been sued for ignoring the CoG nominees and utilizing the defunct Energy Act of 2006, which gave the Cabinet Secretary the appropriate to nominate eight of the 11 REREC board members.
  • High Court choose George Odunga has allowed lawyer Martin Njoroge to file a swimsuit searching for to have the board appointments quashed and a declaration that Dr Juma broke the regulation and is subsequently unfit to carry any public workplace.

Energy Cabinet Secretary Monica Juma is on the spot for utilizing a non-existent regulation to rent six administrators of Rural Electrification and Energy Corporation (REREC), excluding nominees of the Council of Governors (CoG) from the facility agency’s board.

Dr Juma on April 14 appointed the six administrators to serve on the State company for 3 years based mostly on the Energy Act of 2006, which ceased to be in pressure in March 2019.

The Energy Act of 2019 permits the Cabinet Secretary to nominate three administrators and the CoG 4. The appointments had been made public via an April 14 Kenya Gazette discover.

In the identical discover, Dr Juma cited the Energy Act 2019 in appointing 4 administrators of the Energy and Petroleum Regulatory Authority (Epra) — the power regulator.

Dr Juma has now been sued for ignoring the CoG nominees and utilizing the defunct Energy Act of 2006, which gave the Cabinet Secretary the appropriate to nominate eight of the 11 REREC board members.

High Court choose George Odunga has allowed lawyer Martin Njoroge to file a swimsuit searching for to have the board appointments quashed and a declaration that Dr Juma broke the regulation and is subsequently unfit to carry any public workplace.

The choose directed Mr Njoroge to file the swimsuit earlier than May 6.

“That leave be and is hereby granted to the applicant to apply for judicial review by way of an order of a declaration hat promulgating gazette notice… the Cabinet Secretary for Energy, Dr Monica Juma has violated section 45(1) of the Energy Act of 2019 and articles 10 and 232 of the Constitution and is therefore unfit to hold any public office,” the Justice Odunga stated.

Mr Njoroge stated the Cabinet Secretary used a regulation that was repealed in 2019 to nominate Hassan Sora, Rhoda Njuguna, Isaac Mbeche, Samson Maundu, Henry Rono and Hassan Mohamud Haji as board members.

The transfer to lock out the CoG nominees will strengthen Dr Juma’s hand answerable for the REREC board, which is now dominated by her appointees.

The function of CoG on the REREC board is the product of adjustments to the 2019 Energy Act, which widened the mandate of the company to incorporate working with county governments to deepen electrical energy connections, fundraising, analysis and improvement of a grasp plan for Kenya’s renewable power.

The State company is partnering with county governments and constituencies below the National Government Constituencies Development Fund (NG-CDF) to spice up rural electrification.

Under the deal, county governments and constituency improvement funds will contribute half of the price of bringing energy grids to rural areas, with REREC contributing the stability.

The transfer is supposed to deepen electrical energy provide to rural houses and purchasing centres, particularly in arid and semi-arid areas.

“By purporting to appoint board members of the interested party using a repealed statute, the Cabinet Secretary for Energy has subverted the law, acted with impunity and bestowed on herself powers that she does not have, given her failure to take into account the role of the Council of County Governments in the appointment of the board members,” Mr Njoroge argues.

“ I am aware that prior to undertaking the purported appointments contained in the Gazette notices, the respondent failed to adhere to the minimum safeguards of transparency, fair competition, merit and integrity.”

The court docket battle comes weeks after Dr Juma misplaced the bid to reverse the choice of the earlier board, whose time period resulted in February, to rent 230 employees to fulfill the broader mandate within the counties.

Dr Juma sought to cease the hiring of the 230 employees on accusations of nepotism and growing REREC workers rely with no funds and in breach of the regulation.

The Ethics and Anti-Corruption Commission (EACC) dominated out irregularities, however the Energy ministry insisted on stopping the hiring, prompting a court docket swimsuit and the intervention of State House.

Dr Juma had on November 8 petitioned Head of Public Service Joseph Kinyua to take care of the freeze in parastatals below her ministry.

But Mr Kinyua ignored the petition via the February 7 memo, which lifted a five-year hiring freeze in parastatals.

REREC returned a surplus of Sh7.2 billion within the yr to June, in keeping with the Treasury estimates, and has just lately accelerated rural electrification tasks, inching Kenya nearer to the bold aim of common electrical energy entry.

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