Ex-Lapfund board members want their removal revoked
The degazetted members of the Local Authorities Provident Fund (Lapfund) board have moved to court seeking to quash the revocation of their appointments until their case is heard and determined.
Former Gatundu North MP Patrick Muiruri, Molu Jillo Mamo, Haro Guyo Okola, Kirigha Mwanyasi and Elyas Sheikh Abdinoor argue in their application, which they want to be certified urgent, that their termination was unconstitutional and politically motivated because they were not given reasons for the revocation of appointments.
The board members were appointed by former President Uhuru Kenyatta in 2021 and their tenure was to end in 2024.
“That pending the hearing and determination of this application inter-partes, this honourable court be pleased to issue conservatory and/or interim orders halting realisation of notice no 1407 dated 6th February 2023 appointing Beatrice Kones, Patrick Muchoki, Ruth Charity Wanyonyi, Barbara Kawira, Robley Otieno Ngoje, Samuel Kariuki Maina and Christine Kibet as new board members of the Local Authorities Provident Fund (Lapfund) for a period of three years,” reads their application.
The petitioners argue that the revocation of their appointment is against the rule of natural justice.
“That the petitioners herein being public officers and pursuant to Article 236 of the constitution, the petitioners have a right to be protected from violation of their rights and specifically in the matter herein to be protected from being dismissed and/or removed from office without due process of the law,” the application reads further.
Milimani High Court Judge Hedwig Ong’udi has certified the matter as urgent and directed that the Attorney General and Cabinet Secretary for the National Treasury Njuguna Ndung’u to file their response within 14 days.
The five petitioners also say the revocation of their appointment is fuelled by their fall out with Lapfund chief executive officer David Koross, whom they accuse of irregularly staying in office for a third term.