PSC Declares KLB Director’s Reappointment Unlawful in Labour Court Submission
The Public Service Commission (PSC) has declared that the reappointment of Victor Lomaria as Managing Director of the Kenya Literature Bureau (KLB) was unlawful.
The commission expressed its position to the Employment and Labour Court, criticizing the decision made by former Education Cabinet Secretary Amina Mohammed to extend Lomaria’s contract for another five years from September 1, 2019.
Background of the Case
Catherine Wanjiru, a Kenyan citizen, filed a lawsuit challenging Lomaria’s contract renewal and the new organizational structure at KLB.
The PSC, acting through Chief Executive Remmy Mulati, presented its arguments before Judge Anna Mwaure, highlighting that the reappointment violated the Mwongozo Code of Governance for State Corporations.
This code prescribes specific term limits for Managing Directors (MDs) and CEOs.
The PSC pointed out that the statute establishing KLB does not specify the term limit for an MD.
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Therefore, the guidelines of the Mwongozo Code should be applied. According to this code, MDs and CEOs are allowed a three-year term, which can be renewed once, contingent upon performance evaluations conducted by the board.
Mulati stated that when a contract is renewable only once, it indicates that all terms, including contract duration, should remain unchanged.
| Term | Duration | Conditions for Renewal |
|---|---|---|
| Initial Term | 3 years | Performance-based board evaluation |
| Renewal | 3 years | Must adhere to original contract terms |
PSC’s Rationale
Remmy Mulati explained that the PSC and the State Corporation Advisory Committee developed the governance code to clarify instances where legislation lacks detail, such as MD term limits.
On July 17, 2024, the PSC informed the Education Cabinet Secretary and the KLB board of the illegality of the reappointment, advising them to take corrective measures.
The commission emphasized that Lomaria’s initial appointment began on September 1, 2016, for a three-year term, and his contract renewal for five more years starting September 1, 2019, was improper.
The PSC outlined its responsibilities, including investigating, monitoring, and evaluating public service organization and administration.
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It also develops policies and guidelines for state corporations. Mulati noted that Catherine Wanjiru’s lawsuit against Lomaria and KLB, with PSC listed as an interested party, claimed that Lomaria’s term had legally concluded on August 31, 2022.
Disputes Over Organizational Structure
The PSC submitted that it had reviewed and approved KLB’s staff establishment, organizational structure, and grading framework, communicating its findings in a letter dated May 21, 2024.
In response to the allegations, Lomaria defended himself in court, stating that the new structure had been sanctioned by the PSC, and any claims to the contrary were false.
PSC Declares KLB Director’s Reappointment Unlawful in Labour Court Submission
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