Court halts NEC’s decision

THE National Court has stayed the National Executive Council’s decision to suspend the appointment of secretary for Department of Agriculture and Livestock Daniel Kombuk.
Acting judge Justice Gethrude Tamade on Friday granted the stay order sought by Kombuk pending a judicial review against the NEC decision.
“It is also my view that any stay will stop any further investigation and investigations that will lead to deciding the future of the plaintiff after his suspension.
“The final consideration in regard to the overall interest of justice in this matter is that the plaintiff was given leave to review the decision and therefore, all considerations being taken into account, a stay should be granted to preserve the status quo until the substantive hearing.”
Justice Tamade said the NEC’s decision was “open-ended” because there was no time given on the length of the suspension.
Kombuk’s lawyer Greg Sheppard agreed that the decision was open-ended as regards the suspension and the acting appointment and therefore a stay was necessary to maintain the status quo.
State lawyer Kevin Kipongi objected to the stay order contending that a grant of stay would prejudice the State.
Thus he said Kombuk did not have an arguable case as the process under the Public Service Management Act was duly complied with leading to his suspension.