The Law Society of Kenya (LSK) has obtained a court injuction suspending the appointment of Joe Sang as Kenya Pipeline acting Managing Director.
The move comes after he was reinstated following the withdrawal of Sh1.9billion graft case which was okayed by Attorney General Justin Muturi.
LSK President Eric Theuri noted that the orders gave a nod for the Kenya Pipeline board to appoint a new boss from the senior management.
LSK had argued that Sang does not hold any position within the state corporation having resigned as the MD in 2018.
The body says Sang’s appointment is against the constitution and the set standards that govern the recruitment of public officers in a fair competition and merit.
It further says that there was no advertisement for the position of MD and none has been put forth so far.
“Being a State Corporation squarely falls within the per view of a public entity and is subject to Constitutional dictates and principles as set forth by both the Constitution and the Public Service Commission, the 5th Respondent herein with regards to the recruitment and staffing of public offices,” Theuri said.
KPC board reappointed Sang as acting MD of the state corporation after he was cleared of alleged graft charges last year.
In December last year, the court ruled that there was insufficient evidence to support the allegations of abuse of office, engaging in a project without prior planning and willful failure to comply with applicable laws and guidelines relating to management of public funds.
The court found that the Sh1.9billion project was undertaken within the planned budget and that no public funds were lost.
He had been charged alongside company secretary Gloria Khafafa, Head of Procurement Vincent Cheruiyot, procurement manager Nicholas Gitobu, General Manager Finance Samuel Odonyo and General Manager in charge of infrastructure Billy Aseka.