Petition filed to remove KeNHA boss from office over irregular appointment
A petition has been filed at the High Court seeking the removal of Kenya National Highways Authority(KeNHA) director General Kung’u Ndung’u over alleged incompetence.
The Civil Society activist and human rights defender under the Concerned Citizens Organization and Bunge La Mwananchi president Francis Awino wants the court to declare Ndung’u unfit to hold public office, claiming his appointment was political and that he continues to enjoy political Datronage.
The activist also alleged that former fransport Cabinet Secretary James Macharia was one of the people who fronted the appointment of Ndung’u.
In the case before Justice Enock Chacha Mwita, that Ndung’u “had been enjoying political protection from the impeached Deputy President Rigathi Gachagua”.
“The appointment of Eng Ndung’u was allegedly marred by allegations of nepotism, coercion, and or undue political inluence, spearheaded by the then Cabinet Secretary for transport and infrastructure James Macharia and retired President Uhuru Kenyatta.”Awino stated in his petition.
Justice Mwita has directed that the petition be heard on February 19, 2025.
This comes as the activist has also delivered a petition to the National Assembly seeking the removal of the DG.
He claims that other stakeholders in the engineering profession have raised concerns about Ndung’u’s appointment.
He added that he did not meet the set requirements.
“was lawed and did not meet the constitutional requirements of merit, transparency and public participation.” He stated.
Awino alleges that the recruitment process from the declaration of the vacancy, advertisement, shortlisting and interviews was inluenced political forces on the KeNHA board.
The Bunge la Mwananchi president further claims that the board members were coerced into appointing Ndung’u, who allegedly performed poorly in the interviews adding that they were threatened with disbandment by a senior ministry oicial if it failed to pick Ndung’u.
Awino also states that intense lobbying took place, with road contractors in Nairobi and Mombasa providing kickbacks to have the Ndung’u selected.
The petitioner claims Ndung’u got himself involved in those covert operations to secure the position through unethical means.
Awino also questions Ndung’u’s academic qualiications from Jomo Kenyatta University of Agriculture and Technology (JKUAT), adding that “his academic credentials are being contested in court under case number E/58/2021”.
In the petition, he claims that Ndung’u allegedly uses KeNHA as a conduit to siphon public funds, and that the agency’s failure to compensate Kenyans whose land was taken for road construction has led to a large volume of pending bills.
Several projects, Awino claims, have been abandoned leading to the loss of billions of losses for taxpayers.
The abandoned projects, he alleges, are the lighting of Nairobi- Thika highway, with bulbs worth Sh66 million were irregularly procured.
Maintaining the highway’s lighting project was a three-year contract from December 31 2018 worth Sh528,599,196, Awino claims.
Simultaneously, he alleges, the defunct Nairobi Metropolitan Services procured lights for the same road.
Awino also claims the auditor ral lagged delayed completion e Chuka-Kaanwa road, in a tract worth Sh233,196,528.
The project was scheduled to be completed within one year – between September 7, 2022 and September 7, 2023.
Other delayed projects were the Kaanwa-Wakathite road (awarded in September 2022 for Sh221.4 million), the Wakathite-Karenni road (Sh174.4 million) and the Nuno-Modogashe road (Sh147.6 million).
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