Standoff over reinstatement of former Aircraft Accident Investigation director escalates to Court of Appeal
The situation has left Capt. Lunani's reinstatement in limbo, with two arms of government pulling in opposite directions.
A standoff over the reinstatement of Captain Martyne Luther Lunani, the former Director of Aircraft Accident Investigation, has escalated to the Court of Appeal, highlighting a clash between the judiciary and the executive arm of government.
The dispute traces back to April 30, 2025, when Justice Hellen Wasilwa of the Employment and Labour Relations Court ruled that the Ministry of Roads and Transport had unlawfully declined to renew Capt. Lunani's contract.
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The judge directed the Public Service Commission (PSC) to reinstate him, awarded him Sh3 million in damages, and ordered that he be paid all salaries dating back to July 1, 2024.
In compliance, the PSC Secretary, Paul Famba, swore an affidavit confirming that the commission convened on May 28, 2025, and resolved to reappoint Capt. Lunani to his former position for three years.
The PSC faulted the Transport ministry, accusing it of illegally usurping its role in contract renewal and warning that the unlawful decision had "cost the government Kenya Shillings three million, which would have been avoided."
On June 9, 2025, the PSC formally directed Transport Principal Secretary Mohamed Dhagar to issue an employment contract to Capt. Lunani "immediately." However, the ministry declined to act, prompting Capt. Lunani's lawyer, Henry Kurauka, to seek contempt proceedings against the PS for defying court orders.
In her defence, Transport PS Teresia Mbaika told the court that the ministry could not comply due to legal and budgetary hurdles. She argued that the contempt application was premature because no "Certificate of Order against the Government" had been obtained as required by law.
On the damages award, she explained that the Employment Court's ruling came after the 2024/25 budget cycle had closed, making it "procedurally and legally impossible" to disburse funds before approval in the 2025/26 supplementary estimates.
The ministry further disclosed that Roads and Transport Cabinet Secretary, alongside the Attorney General, had lodged an appeal—Nairobi Civil Appeal No. 460 of 2025—challenging Justice Wasilwa's entire judgment.
The Court of Appeal certified the application as urgent and is considering a request to suspend the Employment Court orders until the matter is fully heard.
The situation has left Capt. Lunani's reinstatement in limbo, with two arms of government pulling in opposite directions. While the PSC insists it has fully complied with the court's directive, the Transport Ministry is pursuing relief in the appellate court.
The Employment Court is scheduled to hear the contempt application on October 21, 2025, a proceeding expected to test the boundaries of judicial authority against executive discretion in public service appointments.
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