Court Suspends Coast Water Agency Top Management in Employment Dispute

MOMBASA – The Mombasa High Court has temporarily removed all top managers of the Coast Water Development Agency (CWWDA) from office following a legal challenge questioning the legitimacy of their appointments.

Labor and Relations Court Judge Monica Mbaru issued conservatory orders suspending Eng. Martin Tsuma, who has served as the agency’s acting Chief Executive Officer for three years, and barred him from withdrawing the salary and allowances associated with the position.

“Conservatory orders are hereby issued staying the appointment of the 3rd Respondent (Tsuma) as the Acting Chief Executive Officer of the 1st Respondent (CWWDA),” Justice Mbaru stated in her ruling.

The court also revoked the appointments of six deputy directors who were elevated from departmental managers to directorship positions three years ago.

The affected officials include Simon Charo, David Kanui, Stephen Kivuva, Salim Ali, Mary Okiema, and Amad Mwanzito.

The case was filed by Mombasa resident John Oucho, who accused the water agency of bias in its employment practices and failing to follow proper procedures in the appointment of the CEO and directors.

According to the petition, Tsuma was promoted to acting CEO and later had his terms converted to permanent and pensionable status without following due process, despite having only 18 months remaining on his contract.

“The deputy director of project development in the department of infrastructure was promoted to the acting CEO without any interviews or public participation carried out as required by law,” Oucho stated in his petition.

The petitioner further alleged that the CWWDA board failed to advertise vacancies or invite applications for these positions, effectively denying Kenyan citizens the opportunity to participate in a competitive employment process.

Oucho also claimed that all department heads from the defunct Coast Water Service Board were automatically promoted to deputy director positions with permanent and pensionable terms without following established procedures, while other officials of equal rank were not given the chance to apply for these positions.

The court order cited the agency’s board members as respondents, including Katana Mwaringa, Hamid Mbarak, Mohammed Mwahima, Judith Mwamburi, George Kariuki, Walter Oselu, Edwin Murimi, and Hafswa Deleate.

This legal challenge comes amid ongoing concerns about the management of water resources in the Coast region, with Governor Mwadime previously calling for the winding up of the water agency.

The court’s decision will remain in effect until the case is fully determined, leaving the water agency’s leadership in limbo as the legal proceedings continue.