By JOE KIARIE

Confusion continues to reign in the non-governmental organisations (NGOs) sector as two groups claim control of the NGO Council.

Puzzlingly, for about five years now, the two factions of the NGO Council of Kenya have separately enjoyed recognition by the Government, raising questions as to which is the legitimate wing.

One faction led by George Wainaina is based in Nairobi’s Hurlingham suburb, while the other led by Ken Wafula operates from Uganda House within the Nairobi Central Business District. Both wings have fully-fledged management structures.

The faction chaired by Dr Wainaina has in its possession the council’s secretariat and assets including official records, vehicles and furniture. Its chief executive officer is George Adhanja.

Gazetted member

The group commands an impressive membership base with 3,251 out of the over 8,000 local and international organisations operating in the country identifying with it.

While the legitimate NGO council chairman automatically becomes a member of the Co-ordination Board, Wainaina’s wing, however, does not have a representative in the board.

But the group is represented in various other boards, among them National Environmental Management Agency Public Complaints Committee and various water boards across the country. It also has an official working relationship with, among others, the Prime Minister’s Office, Labour, Environment and East African Community ministries.

On the other hand, Wafula enjoys recognition by the board coordination board and the mother National Heritage ministry as the council chairman. He sits in the co-ordination board as a gazetted member alongside four officials from his faction.

Annual subscriptions

He also sits in the National Aids Control Council board and is also a member of the Judiciary Reforms Steering Committee in his capacity as NGO council chairman.

Wafula also has a working relationship with Government offices such as that of the Director of Public Prosecutions. But his wing only has a membership of 400 NGOs, most of which no longer pay annual subscriptions.

Apparently, each wing claims to be in office legitimately and accuses the other of operating illegally.

Wainaina, who says he was elected chairman at a legally convened Special General Assembly on July 12, 2008, says Wafula’s election to office on January 27, last year contravened court order dated November 25, 2010, stopping all elections of the council till hearing and determination of a High Court case application 559/2010.

The case, he notes, is yet to be decided and no one can thus claim to be the elected chair.

“Currently, we are waiting for the ruling to enable us conduct elections. In my humble view, I can only describe these people as self-seekers who have created confusion in the NGO sector for their own selfish reasons partly in the hope of making money and partly to achieve a status in society,” Wainaina states in reference to Wafula’s faction.

He adds that Wafula does not qualify to be elected as the council’s chairperson since he has not been a member of the executive committee as required by council’s rules and regulations and that the elections can only be conducted by the secretariat, which is the custodian of the records of the council, including the members’ register.

On his part, Wafula accuses Wainaina’s wing of forcefully clinging on to power after losing in elections in 2008.

Apparently, Wafula has in the recent past enjoyed the full support of the coordination board in his attempts to oust the rival faction from office.

Court injunction

In a letter dated April 5, Peter ole Nkuraiyia, then the board’s executive director, congratulated Wafula on his election and invited him to attend the board’s meetings in his capacity as the council’s chairman.

In a subsequent letter dated April 27,and addressed to Kilimani Police Station, Mr Nkuraiyia complained that Wainaina, Mr Adhanja and Fred Olendo, the finance and administration manager, are masquerading as NGO Council officials and illegally obtaining money from NGOs.

“We are requesting your office to take the necessary steps to stop these fraudulent activities, including legal action against these individuals and closure of the said office,” he stated, saying Wafula is the council’s duly elected chairman.

Wafula claims the court injunction is being used as a weapon against him only applied in the 2010 elections and that Wainaina’s group failed to secure a second injunction for the election held in January, last year.

He says he was officially sworn in in February last year by then Deputy High Court Registrar Rose Ougo and vows to use legal process to reclaim the council’s secretariat and assets.