The High Court has on September (9/9/16) suspended the decision by Interior Cabinet Secretary, Major Gen. (Rtd.) Joseph Nkaissery to retire John Mututho as the chairman of the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA).
High Court Judge, Justice George Odunga ruled that Mututho presented an arguable case before the court therefore setting the hearing on October 4, 2016.
The NACADA chair had sued Nkaissery on Thursday (8/9/16) challenging the decision to retire him via a letter dated September 6.
In the letter, the Interior CS had purported to retire him on grounds that he was appointed the Chairman of the Transport Licensing Appeals Tribunal.
Mututho indicated that Nkaissery failed to comply with Article 47 of the Constitution as he has not been afforded an administrative action that is expeditious, efficient, reasonable and procedurally fair.
“My purposed retirement is steeped in bad faith since I have been in the forefront of fighting corruption at the Authority where 500 million shillings has been lost,” said Mututho in the letter.
According to Mututho, he declined being appointed to the Transport Licensing Appeals Tribunal, but the CS went ahead to retire him from NACADA on grounds that he is a chairman of two boards.
“It is clear that the CS is only intent on removing me from the Chairmanship of the Authority to frustrate the anti-corruption cases that substantially touch on his ministry as I have already declined the appointment to the Transport Licensing Appeals Tribunal,” Mututho reiterated.
NACADA CEO William Okedi was also charged with abuse of office and flouting procurement laws on Wednesday.
He is accused of failing to comply with procurement laws contrary to the Corruption and Economic Crimes Act and abuse of office.