NAIROBI, Kenya Sep 10 – The Employment and Labour Relations Court has certified as urgent a case challenging the appointment of James Mworia as the first chief executive officer of the National Infrastructure Fund, paving the way for an expedited hearing of the dispute.

📻 Breaking It Down

Justice Stella Chemtai Rutto, in an order issued on September 9, directed that the case be heard during the court recess after the petitioners raised concerns over the circumstances surrounding Dr Mworia’s appointment.

The court directed Javan Onyango and Emmanuel Kiplagat, the petitioners, to serve the application on the respondents, who have been given seven days from service to file and serve their responses.

The matter will come up before the trial court on September 21 for further directions and orders.

📌 What You Need to Know

The petitioners have also asked the court to temporarily suspend Dr Mworia’s appointment and restrain him from exercising the functions of CEO pending the determination of their case.

The petitioners’ claim that Mworia was appointed while he was still a sitting independent director of the six-member Board of the Fund the same Board that selected him for the CEO position.

The petitioners describe this as an apparent conflict of interest that raises questions about the integrity and fairness of the recruitment process.

“A sitting Board member competing for a post the same Board was constitutionally and statutorily bound to fill impartially discloses, on the face of the public record, an apparent conflict of interest and gives rise to a reasonable apprehension of bias,” they argue in court papers.

They want the court to establish whether Mworia disclosed his interest and refrained from participating in deliberations or voting on the appointment as required under Section 16 of the National Infrastructure Fund Act, 2026.

The petitioners have also questioned the period given to applicants to apply for the CEO position.

📰 Source: Capital FM Kenya