BY SAM ALFAN.
Employment and Labour relations court has stopped the swearing in of board members and chairperson of the Hustler Fund, delaying plans to have a team to manage President William Ruto’s pet project.
Judge Monica Mbaru stopped the plans to swear in the team or the members from assuming office, pending the outcome of a case filed by a lobby group.
“That on gazette notice No.648 of and 652 of 20/1/2023 the interested party (Hustler Fund Board members) shall not assume office or discharge duties of the member of the financial inclusion fund board therefore shall not take oath of office,” ruled Judge Mbaru.
The chairperson of the board is Irene Metha-Karimi and members are Lawrence Chelimo, Paul Musyimi and Hardlyne Lusui. They were appointed to serve for term of three years.
The director of lobby group Operation Linda Ugatuzi Prof Fred Ogolla challenged the appointments saying the four were picked without advertising for the positions.
Prof Ogola, Kelvin Macharia and lawyer Benard Okello further argued that President Ruto appointed the board members without public participation and subjecting them to a competitive process and a fair manner.
It is their argument that the move to handpick the four members blocked qualified people from being considered.
According to the three petitioners, the President and the Cooperative CS Simon Chelugui handpicked the board thereby, denying other qualified persons an opportunity to be appointed.
“The respondents violated the constitution by conducting the process of appointment in a clandestine manner catching everyone by surprise by only announcing appointments without precedent,” they argued in court documents.
It is their case that the President and the CS discriminated against persons with disability by not appointing any person with disability among the appointees.
“There is an imminent danger that the Interested Parties will assume office illegally hence rendering this petition an academic exercise… The rights of persons with disability to appointment will be violated if the Interested Parties assumes office hence suffering damage that cannot be compensated,” they argued in court documents.
They sought orders suspending the Gazette Notice and restraining the board from assuming office, taking oath of office or discharging the duties of the members of the financial inclusion fund board.
It is their case that the Gazzette notice was surprisingly made with effect from 13th of January 2023 which is a backdated date or a date before the official publication in the Kenya gazette notice, the same being contrary to the law.
According to them, the Board was appointed without advertising for the positions and also made their appointments in blatant disregard of public participation.
