NGO’s co-ordination board chairman Fazul Mahamed with head of operations, compliance and Research Juliana Akinyi during a press conference where the board announced to have de-registered some NGO’s and accused some of funding terrorism activities Dec 16 2014.
Activist Okiya Omtatah wants NGO Coordination Board boss Fazul Mahamed removed from office on grounds that his tenure has ended.
In a petition filed at the Milimani law courts on Thursday, Omtatah said Mahamed’s tenure as the executive director of the board expired on November 23 — or thereabouts.
He says acting Interior CS Fred Matiang’i has not commenced the process of recruiting a replacement and if the court does not intervene, an illegality will be committed.
Omtatah faults the CS for failing to commence the process of competitively reappointing or replacing Mahamed by July 24.
“As a concerned citizen, I’m aggrieved that in defiance of the law, Fazul continues to be in office as the executive director of the NGO Coordination Board,” he says.
It will be irregular and contrary to both the Constitution and the law to retain Mahamed in the public service after the expiry of his contract, the activist adds.
Omtatah says the CS should have sent Mahamed on terminal leave and appointed an acting executive director on or about June 23, but failed to do so.
He says the right to fair labour practice will be violated to the extent that the extension of Mahamed’s tenure has blocked qualified members of the public from holding the position.
Omtatah wants the court to prohibit Mahamed’s contractual tenure and order the CS to launch the recruitment of a new boss in line with the law.
On Wednesday, the High Court certified as urgent another case filed by the activist that seeks to remove Health Services director Kepha Ombacho from office.
In that case, Omtatah said Ombacho has attained his retirement age of 60 years and should, therefore, leave office.
He says the Public Service Commission has irregularly decided to retain him by appointing him on local agreement terms for two years until December 31, 2019.
Omtatah adds it had not been demonstrated that Ombacho cannot be replaced and a job vacancy has not been advertised to determine whether there are people who can take over from him.