An application to judicially review the decision of the Governance Board of NCD PHA in appointing Dr. Steven Yennie as the CEO for NCDPHA has been dismissed by the National Court yesterday afternoon.
Acting Judge, Justice Emma Wurr presided over the case and read a lengthy judgment highlighting the preliminary issues, facts surrounding the case and applied the relevant laws to make the decision.
The Board appointed Dr. Steven Yennie as the permanent CEO for four years (2021 – 2024) on the 9th of September 2021.
The appointment was challenged by Dr. Maru Garo who filed a judicial review last year. Dr. Maru Garo, another contender for the CEO’s position, disputed the Board’s decision and challenged the decision in court.
Acting Judge Emma Wurr relied on a case precedent set by the Western Provincial Health Authority when handing down her decision.
Justice Wurr said the Board is the only governing authority to be involved in revoking or appointing the CEO and it is not up to the National Department of Health nor the Department of Personnel Management to make that call.
The Acting Judge stressed that the appointment of the Chief Executive Officer was based on a merit-based process allowed by law with guidance and advisory support necessary to assess applicants and recruit the best candidate for the job, was provided by Department of Personnel Management and the National Department of Health Justice Wurr further mentioned that the provisions in the Public Service Management Act and the Regulatory Statutory Authorities (Appointment of Certain Offices) Act used by the plaintiff’s lawyer do not apply in this case.
She said the only law applicable in this case is the Provincial Health Authorities Act.
Meanwhile Dr. Yennie expressed relief outside the courthouse that the matter is now settled, and he is ready to work with partners to deliver the much-needed health services in the National Capital District.