7 December 2017

Kenya: Govt Barred From Extending Fazul Mahamed's Tenure at NGO Board

Photo: Capital FM
Non-Governmental Organisations Coordination Board Executive Director, Fazul Mahamed.

Nairobi — The Employment and Labour Relations Court has issued orders preventing the government from extending the term of office of the NGO Coordination Board Executive Director Fazul Mahamed pending the determination of a petition filed by activist Okiya Omtatah.

In the orders, Justice Hellen Wasilwa directed that the Interior Cabinet Secretary should not renew Mahamed's term which expired last month nor re-appoint him pending the inter parties hearing of the case.

She also prohibited Fazul from accessing offices of the NGO Coordination Board and carrying out the functions of the body.

"An interim order is issued restraining the respondent and its agents or any person purporting to act under its authority from renewing, re-appointing, or in any way whatsoever extending the interested parties contractual tenure as the Executive Director of the NGO Coordination Board which expired on November 23rd 2017 pending the interpartes hearing and determination of this application and the petition herein," she stated.

In his suit papers Omtatah argued that Mahamed's three-year tenure as executive director at the board expired and that he should have taken terminal leave.

He wants an acting executive director appointed in the transition period pending the competitive recruitment and appointment of a substantive office holder.

The board, which is operating without members, was moved from the Devolution to Interior Ministry.

In November 2016, the Commission on Administrative Justice, known as the Ombudsman, declared Mahamed unfit to hold public office.

This was corroborated by the Ethics and Anti-Corruption Commission (EACC) which ordered fresh investigations into his suitability in May 2017.

Mahamed has, however, remained unmoved nor no action has been taken against him.

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