NGOs Coordination Board chairman Fazul Mohamed is seeking to stay the decision of the Commission on Administrative Justice to publish the report on his academic qualifications to relevant authorities. Through lawyer George Kashindi, Fazul wants the court to issue orders prohibiting the commission from publishing investigations containing findings and recommendations against him.
He claims that the commission lacks powers to investigate him on account of matters that are currently handled by the high court and are also being investigated by the Ethics and Anti-Corruption Commission (EACC) and the Director of Public Prosecutions (DPP).
“My client wants a declaration that the actions of the commission are illegal, unlawful and amount to violation of his right to fair administrative action and fair hearing,” claims Kashindi in court documents.
He claims that the commission has failed to honour the orders that were issued on November 1, 2016 stopping the process. Fazul claims that in spite of the order, the commission has completed and circulated the investigation report.
He claims that the report requires certain actions against him, including termination of his employment, advertising his position, compelling him to refund all salary earned by him and banning him from holding public office. “Unless the implementation of the investigations is stayed, Fazul will suffer great prejudice and irreparable harm and also it will render the instant judicial proceedings nugatory,” claims Kashindi.
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Fazul claims that he is entitled to constitutional safeguards and the court can take remedial measures to protect his rights. He was taken to court in February this year for allegedly being in office illegally and suspending board members.
Two of the members – Shebby Sakwa and Davies Njuguna – moved to court under certificate of urgency claiming that Fazul has suspended six people within one week.
Through lawyer Bemih Kanyonge, the two claim that Fazul had illegally transferred and dismissed members of staff of attached to the board. Kanyonge is seeking orders to have Fazul stopped from suspending the members pending the hearing and determination of the petition.
“I ask the court to grant temporally orders suspending the executive director of the board,” said Kanyonge.
Fazul, who has been the NGOs Coordination Board boss for more than two years, was interrogated by EACC on the issue.
