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Court dismisses case seeking removal of NTSA DG

In throwing out the case, Principal Judge Byram Ongaya ruled that the application for Njao’s removal was an abuse of the court process.

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NTSA Director General George Njao.

The Labour Relations Court in Nairobi has dismissed a case seeking the removal of National Transport and Safety Authority (NTSA) Director General George Njao.

Principal Judge Byram Ongaya ruled that the application for Njao’s removal was an abuse of the court process, stating that the court had previously issued a ruling on a similar matter.

He noted that the petitioner should have appealed the earlier ruling instead of filing a new application.

Justice Ongaya stated that the petitioner, through his lawyer, had previously consented to an out-of-court settlement order.

However, the petitioner, Edwin Oduor, claimed that he did not consent to the order.

“The current application is an abuse of court process and is res judicata. The applicant should have appealed if dissatisfied,” Justice Ongaya ruled.

“As the application has been found to abuse court process, the applicant will pay the costs,” added Ongaya.

Oduor had sought to block the extension of Njao’s tenure as NTSA DG, arguing that his appointment was not competitive and that the intended extension should be stopped by the court.

He further claimed that Njao had failed to perform during his three-year tenure as director general, citing deliberate mismanagement and negligence that led to the deaths of thousands of Kenyans in road accidents, deaths he believed could have been avoided with proper leadership.

Njao has served as NTSA’s DG from 2019 when he was appointed for a term of three years.

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