Employment and Labour Relations court has certified as urgent an application seeking to block the extension of NGO Coordination Board CEO Fazul Mahamed's term.
Justice Helen Wasilwa further directed the applicant, activist Okiya Omtatah, to serve Mr Mahamed and Interior acting Cabinet Secretary Fred Matiang'I with the court papers ahead of the hearing on December 18.
Mr Omtatah moved to court arguing that the government was committing an illegality by continuing to retain Mr Mahamed in the public service, even after the expiry of his tenure.
He stated that Mr Mahamed's tenure expired on November 24, and he remains in office illegally.
"The irregular retention of the interested party in the public service beyond his contractual term has blocked the advancement of other deserving Kenyans who are qualified and would vie for the position were the vacancy be advertised for the competitive recruitment of the new executive director," Mr Omtatah said in a sworn statement.
Mr Fazul was appointed the CEO of the Board on November 24, 2014, for a period of three years.
The activists states that under Mwongozo (the Code of Governance for State Corporations) issued jointly by the Public Service Commission and the State Corporations Advisory Committee (SCAC) in January 2015, CEO's are required to serve three year term or as otherwise provided under any other written law, and the term is renewable once subject to performance evaluated by the board.
Through a circular dated October 23, 2010, exiting CEOs of public bodies are required to go on a six-month terminal leave pending the expiry of their contracts, and acting CEOs are to be appointed in the transition period.
Mr Omtatah says the court should uphold the rule of law by ordering Mr Mohamed out of office, and directing the government to recruit his replacement in accordance with the law.
He said Mr Fazul ought to have been sent on terminal leave and an acting executive director be appointed by June 23, 2017.