None Governmental Organization Coordination Board chairman Fazul Mohamed being in office illegally and suspending board members.
BY SAM ALFAN.
Officials of the Non-Governmental Organizations (NGOs) have taken their boss to court over ‘illegal’ dismissal.
The board Chief Executive Officer Fazul Mahamed has been taken to court for being in office illegally and suspending six board members.
Offended by the decision, some members Shebby Sakwa and Davies Njuguna moved to court under a certificate of urgency claiming that Mohamed has suspended 6 members within one week.
Through lawyer Bemih Kanyonge, the two claims that Mohamed has illegally transferred and dismissed members of staff of Ngo Co-ordination board.
Kanyonge is seeking orders to have Mohamed stopped from suspending the members pending the hearing and determination of the petition.
“I want the court to grant temporally orders suspending the executive director of the board,” said Kanyonge.
When the matter came for hearing before Justice Isaac Lenaola on Tuesday the defense said that they had just been served with the petition and needed time to go through it.
“The board paid no regard to the Authenticity of Mohamed Qualification documents, “said Kanyonge.
The petitioner claims that despite the numerous issues raised regarding Mohamed’s qualification, the cabinet secretary ministry of planning and devolution has failed to carry out investigations on the issue.
They term the process of appointment of the positions as illegal.
They claim that sometimes in mid-2015 the National Council of Non-Governmental organizations received a letter of complaint informing of activities going on within the NGO’s Coordination board.
The letter allegedly raised issues about the ongoing suspensions, dismissals of the staff irregular transfers as punishment and promotions.
Kanyonge claims that the concerns were raised by the fact that since March 2015 there has been no Board of Directors and thus many of the activities carried out were unprocedural.
He added that the issue of sexual harassment was also raised and also claims that Mohamed might have presented false information about his qualifications.
It the court documents, Kanyonge claims that the information from Egerton University indicated the Mohamed Yusuf was discontinued on Academic grounds in his third year of study on August 26, 2010.
The petitioners claim that Mohamed lacked the required five plus years to hold that position since he was admitted for a course at the University in 2007.
It is alleged that the executive director has not respondent on the same since the allegations were made.
“Failure of the director to make clear of his qualification was a violation of the law,” said Kanyonge.
He adds that poor management and employing his friends and relatives is also an issue. They want Mohamed to be declared unfit to hold the office.
Justice Lenaola directed the defense to file their response in 21 days.
