Next action after President Uhuru Kenyatta fired Kenya Ferry Services board members

President Uhuru Kenyatta, in a Gazette Notice published on Thursday, announced that he had relived the chairperson and members of the Kenya Ferry Services (KFS) of their duties at the corporation.

The sackings come in the wake of the tragedy that claimed the lives of Mariam Kighenda and her daughter Amanda Mutheu at the Likoni channel.

Daily KFS operations are expected to run normally since the Managing Director Bakari Gowa, the Operations Manager, Coxswains, the Head of security and other department heads have not been affected by the President's order.

According to the State Corporations Act, President Kenyatta is at liberty to appoint a new board, however, the Constitution does not give the President any time limit within which he must replace the fired board members.

Kenya Ferry Services Chairman Dan Mwazo (in white) and KFS Managing Director Bakari Gowa (left) Pulse Live Kenya

The Constitution also gives the President power to determine how long the next board will serve, either until the period of the sacked board lapses or for a period he deems sufficient.

1 condition before Uhuru hires new KFS board

The only condition given by the Constitution is that President Kenyatta should consult with the State Corporations Advisory Committee.

"... the President may, if at any time it appears to him that a Board has failed to carry out its functions in the national interest, revoke the appointment of any member of the Board and may himself nominate a new member for the remainder of the period of office of that member or he may constitute a new Board for such period as he shall, in consultation with the Committee, determine." the Constitution directs.

One of the Committee's responsibilities outlined in the Constitution is to "...where necessary, advise on the appointment, removal or transfer of officers and staff of state corporations, the secondment of public officers to state corporations and the terms and conditions of any appointment, removal, transfer or secondment."

President Kenyatta only appointed members of the committee on Monday this week and named one Jeremiah Matagaro as its chairperson.

The late Dr Joyce Laboso's widower, Mr Edwin Abonyo was named as a members of the committee.