Ezekiel Owuor reinstated as EPZ CEO

Ezekiel Owuor Otieno is the new substantive Export Processing Zone (EPZ) Chief Executive Officer, the Employment and Labour Relations Court has declared.

Justice James Rika declined an attempt by EPZ Authority’s Board and Trade and Industry Cabinet Secretary Betty Maina to overturn the court’s earlier decision that upheld Otieno’s appointment as the CEO.

The judge also ordered the Authority’s board, the CS Trade and the Attorney General to fully comply with the court’s judgment dated July 29, 2022 that declared Otieno the legally appointed CEO of EPZA.

“The Trade Cabinet Secretary shall immediately, gazette the appointment of Otieno as the new substantive CEO of the authority,” the judge directed. 

While declining the request for a review of the judgment, Justice Rika noted the agency’s board and the Trade CS did not place before him satisfactory reasons to warrant the setting aside of its earlier decision that upheld Otieno’s appointment and revoked the reappointment of Henry Obino as the acting CEO of EPZ.

” The court cannot undo its judgment, or undo the appointment of Ezekiel Owour Otieno as the CEO, EPZA. The court was satisfied, as it is today, that the recruitment of Otieno as the CEO EPZA, was carried out in accordance with the law, ” Justice Rika ruled.

The judge stated that Otieno was competitively recruited, and meritocracy in public service, under Article 232 of the constitution, demands that the job be given to him.

“This court does not see why Otieno should be denied the job, having applied for the job, shortlisted, interviewed and emerged at the top,” Justice Rika ruled. 

Further, the judge disputed Kuria’s argument that there were anomalies in the recruitment of the CEO, noting that the Board which gave the recommendations to appoint the Otieno as the CEO was quorate, with 12 to 13 members present and there is no compelling reasons tabled before court to suggest any member was conflicted.

The court observed that EPZA has been without a substantive CEO from 2018 which can be attributed to vested interests. 

“The Board EPZA has not satisfied the requirements of rule 33 of the Employment and Labour Relations Court (Procedure) Rules, 2016,in seeking to invoke the review jurisdiction of this court, ” Justice Rika noted.