Petition alleges unlawful appointment of NGCDF managers

A petition has been filed at the High Court challenging the recruitment and appointment of fund managers at the National Government Constituency Development Fund (NGCDF).

Ezekiel Otieno, the petitioner, argues that the appointment of fund managers, in multiple constituencies, was done illegally and was discriminatory and prejudicial to members of the public.

He further stated that the said irregular appointments unfairly favoured NGCDF staff who were recruited without adhering to due processes.

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”The Applicant received credible and verifiable information relating to the unlawful and irregular appointment of fund managers by the 2nd Respondent in Embakasi South, Makadara, Mathare, Kasipul Kabondo, Test South, Budalangi, Kimilili among many others," Otieno argued in official court documents.

"They were appointed contrary to the law which requires that public office be filled through a transparent, competitive, inclusive, and merit-based recruitment process open to public participation."

Otieno additionally claims that Yusuf Mbuno, the CEO of NGCDF, neglected to hire fund account managers for several constituencies, thereby causing certain constituencies to lag behind in terms of development.

"As required by law, all constituencies should have a substantive fund account manager, this principle has been negated by the 2nd Respondent in the aforementioned constituencies where there have been no substantive fund account managers for years," said Otieno.

Otieno also stated that Mbuno has led to unnecessary and wasteful public expenditure by allowing certain fund managers to act indefinitely in their roles.

He further contended that his legitimate expectations were violated by these actions, as the respondents exceeded their authority in making these appointments.

“That the impugned appointments are illegal and unconstitutional and, therefore, invalid, null and void," the court papers read.

The court directed that the application be served upon the respondents and that they present themselves before the bench on July 23 for further direction.

“The Court has considered the nature of the application dated 21.06.2024 and the supporting affidavit and in the absence of the parties order that the application be served forthwith in a day for interpartes hearing or further orders on 23.07.2024 at 9.30am or soon thereafter as will be called out per cause list and video link,” Justice Byram Ongaya directed.