Sidelined National Airports Corporation Managing Director, Rex Kiponge today filed submissions seeking several interim injunctive orders.
Among them is for the court to reinstate him while the substantive matter is pending in court.
Justice David Cannings in presiding over this case refused to take carriage of this matter and directed Kiponge’s counsel to file this submission before Justice John Carey who is handling the substantive matter and can consolidate both matters together.
Lawyer representing Kiponge, Solomon Wanis said Justice Canning’s stand not to deliberate on this application does not mean his client’s submission has been dismissed.
“The application is still on foot, its not refused or its not dismissed, its just that he dosen’t want to hear the application. So that’s why he cannot make a ruling on the application. But the application is still active and we can ove before Justice Carey if Justice Carey returns anytime within this month.”
Wanis argues that Kiponge should remain in office pending a decision on the substantive matter.
He claims the actions of Civil Aviation Minister to appoint a new acting head of NAC is illegal and his submission is to seek relief to reinstate Kiponge to his former role.
“We feel that this is a situation where someone who is appointed outside of NAC should occupy the office. Mr Kiponge has a contract in place, he’s a substantive position holder and should be allowed in office.”
And with the substantive case scheduled to come before Justice Carey on February 12 2024, Wanis also raised concerns about possible changes to the NAC head within this period which would further affect his client’s submissions as NAC is named as the first defendant in this case.
This he says is because the current acting MD, Dominic Kaumu’s appointment is for 3 months, and there are chances that the minister can make a new appointment when the three months lapses. The 3-month appointment ends on February 05th while the case is scheduled to come before justice Carey on February 12.
To this, Justice Cannings assured Kiponge’s counsel that Kaumu as the current head of NAC should remain in court until further orders of the court.
A relieved Wanis said the effect of this order means the minister cannot make any more acting appointments after Kaumu’s 3-month acting appointment lapses until further orders from the court.
“The important thing I want you guys to take note is that judge has made the position clear that, in the meantime while these proceedings are going on, Mr Kaumu should remain in office. The effect of which means that the Minister must not appoint anyone else while all these proceedings are going on.”
The substantive matter returns to Court on February 12 but Kiponge and his team hopes to file their interim injunctive application anytime when Justice Carey returns.