BY SAM ALFAN.
The High Court has quashed a decision by Treasury Cabinet secretary to disband Strategic Food Reserve Trust Fund oversight board.
Employment and labour relations judge Maureen Onyango quashed the Gazette Notice which was published by Treasury CS Ukur Yatani on June 17, disbanding the public finance management (Strategic Food Reserve Trust Fund) oversight board.
In the decision, the Judge further prohibited Treasury CS and Attorney General or any person acting on their behalf from implementing, giving effect or enforcing the said Gazette Notice.
The court further compelled Yatani to adhere strictly to The Public Finance Management (Strategic Reserve Trust Fund) regulations, 2015.
Activist Okiyah Omtatah moved to court to challenge Yatani to disband the strategic Food Reserve Trust Fund oversight board.
The board members were Abass Maalim Mohammed, Lucas Chepkitony , Susan Mukiri, Gerald Musila and Noah Wekesa.
Omtatah urged the court to prohibit the CS and attorney general from implementing , giving effect or enforcing Gazette Notice No. 4134 of June 17,2020 which was published by Treasury Cs Ukur Yatani in a special Gazette Notice.
He also sought to orders to compel the cabinet secretary to adhere strictly to the public finance management (Strategic Food Reserve Trust Fund) regulations, 2015.
“Pending hearing and final determination of the case or until further orders , leave so granted to operate as a stay or suspension of the Gazette Notice No. 4134 of June 17,2020, which was published by the Treasury cabinet secretary Ukur Yatani on June 17,2020 in a special Gazette Notice issue of Kenya Gazette vol.CXXII-No.177” urged omtatah.
Abass Maalim Mohammed, Lucas Chepkitony , Susan Mukiri and Gerald Musila were appointed for the first term as members of the fund’s oversight board with effect from August 1,2015 through a Gazette Notice which was published at the same date and their reappoined on May 6,2019 for the second and final term with effect from the same and their appointments are due to come to an end on May 5,2022.
President Uhuru Kenyatta also appointed Noah Wekesa as the chairman of the Fund’s Oversight board with effect from October 21,2016.
“The purported revocation of the Abass Maalim Mohammed, Lucas Chepkitony , Susan Mukiri and Gerald Musila appointment and false declaration the tenure of the chairman Noah Wekesa had lapsed was illegal.
