Kipsang and KLB Board Clash Over Managing Director Appointment
Education Principal Secretary Belio Kipsang’s decision to reverse Kenneth Jumba’s appointment as acting Managing Director of Kenya Literature Bureau (KLB) has sparked disagreement with the board.
In a letter dated July 19, 2024, addressed to KLB Board Chairperson Rispah Wephukulu, Dr. Kipsang rescinded Jumba’s appointment, directing that Victor Lomaria continues as MD.
Board’s Response
The PS made this decision shortly after the board, consisting of nine members, approved Jumba’s appointment and forwarded the letter to Kipsang.
He directed Wephukulu to submit the curriculum vitae of all KLB managers to facilitate consultations on the acting MD’s appointment before Lomaria’s term ends on August 31.
The letter was forwarded to several high-ranking officials, including Prime Cabinet Secretary Musalia Mudavadi, Chief of Staff Felix Koskei, PS Treasury Chris Kiptoo, and the State Corporations Committee and Inspectorate.
Despite this, the KLB board opposed the move, asserting their appointment authority given by the President in 2016.
Lomaria’s Position and Legal Issues
A senior KLB staff member revealed that Lomaria was placed on compulsory leave but refused to comply, opting to remain in his position.
Lomaria’s second term, beginning on March 4, 2019, was renewed for five years instead of the three-year term stipulated by the Mwongozo Code of Conduct. This renewal, contested in court by Kenyan citizen Catherine Wanjiru, was never gazetted.
Lomaria’s initial appointment for three years, effective September 1, 2016, was gazetted on December 13, 2016, following a letter from then Education CS Fred Matiang’i.
However, his term renewal in a letter dated March 4, 2019, written by former CS Amina Mohammed, was not approved by the board, which undermines its legal basis.
Policy and Manual Guidelines
The KLB official stated that the Human Resource Policy and Procedure manual for public service stipulates a maximum three-year term for MDs.
The February 2018 KLB manual specifies that an MD’s term can only be renewed subject to demonstrable performance.
The official believes the conflict at KLB centers on a Sh3.5 billion tender for supplying Competency-Based Curriculum (CBC) books for Grade 9 students in 2025.
Court Cases and Allegations
KLB, a government-owned company, publishes, prints, and distributes various educational and cultural materials.
In court documents before Employment Judge Justice Anna Mwaure, Wanjiru argues that Lomaria has been illegally in office since his term ended on August 31, 2022. She also challenges a new organizational structure implemented by Lomaria, claiming employees were not consulted.
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In response, Lomaria maintained that the new structure was approved by the Public Service Commission (PSC) before implementation.
He stated that KLB implemented the structure with necessary PSC approval, refuting claims to the contrary. The case is set for mention on July 29.
In another legal issue, 34 employees have sued Lomaria for discrimination regarding Incremental Credits payments, paid annually for royalty credit. Lomaria has opposed the petition, and the court’s decision is expected on July 26.
Kipsang and KLB Board Clash Over Managing Director Appointment