The High Court has temporarily suspended a decision by Interior Cabinet Secretary Joseph Nkaissery to retire National Authority for the Campaign against Alcohol and Drug Abuse (Nacada) chairman John Mututho from the Board. Justice George Odunga directed Mututho to serve the parties named in his petition for an inter-parte hearing on October 4.
In his suit, Mututho claims in a letter dated September 6, Nkaiserry purported to retire him on grounds that he was appointed chairman of the Transport Licensing Appeals Tribunal.
Through lawyer George Kithi, Mututho argues that the CS acted contrary to the Nacada Act or the State Corporation Act, by purporting to retire him as he has no such powers in law to do so.
“Even if he has powers, the CS's action of retiring him is tainted and marred with procedural impropriety as the Board of the Authority has not made recommendation for his removal as required by clause 2(1) (b) of the schedule to Cap 121 B of the Laws of Kenya,” Kithi said in court documents.
He argues that the Interior CS failed to comply with Article 47 of the Constitution as Mututho was not afforded an administrative action that is expeditious, efficient and procedurally fair.
Mututho wants the court to suspend the orders purporting to retire him and also restrain the CS from retiring him or terminating his chairmanship.
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