Lawyer Duncan Okubasu, Musaina for two Godfrey Musaina and Geoffrey Momanyi who are challenging the constitutionality of the Tourism Board Fund outside Milimani law courts after filing the suit on Friday November 1,2016 (PHOTO BY NT).
BY SAM ALFAN.
Two citizens have moved to The High court challenging the constitutionality of the Tourism Board Fund.
Mr Godfrey Musaina and Geoffrey Momanyi say former Tinderet Member of Parliament Henry Kosgei is the least suitable Kenyan for the position of chairperson of the board, given that the statute considers a person with competence in finance whereas Kosgei is schooled in chemistry.
The two claim that unless the decorum of the composition of the tourism fund board is determined, all of its actions and decisions relating to management or operation of the tourism fund are subject to being challenged.
Public funds they say are about to be used by an unlawful entity whose decisions will obviously be set aside.
Through Lawyer Duncan Okubasu, Musaina and Momanyi argue that that the tourism fund is unlawfully and unconstitutionally empanelled and it continues to illegally discharge statutory responsibilities and is in the process of recruiting staff for the Tourism Fund.
The composition they say disregards the requirement by statute that it should reflect regional balance as Henry Kosgei, Caleb Kositany, and Joseph Cherutor are extracted from the Kalenjin community while Mark Gathuri and Caroline Ng’ang’a are from Mount Kenya Region.
Kositany they say does not possess requisite academic qualifications to be a member of the board.
“I believe that any decision that the tourism fund entity will make will be amiable to being set aside, in the event that the court finds in our favor that the board is unlawfully constituted,” they say
According to the court documents, Kosgei, Kositany, Cherutor, Gathrui and Ng’ang’a will continue to draw allowances despite that they unlawfully compose the tourism fund board.
Momanyi and Musania want the court to suspend and consequently restrain the interested parties from acting as or in the name of the tourism fund board and from performing any function or making any decision in relation to management or operation of the tourism fund.
The application was certified urgent and directed to serve the parties mentioned in the suit.
Justice Muriithi fixed the matter for hearing next week on 15 for further directions.
