An assistant director of investments at the National Construction Authority (NCA) faces a lawsuit for being in office illegally.
Sarah Karanja's leadership at the Authority is being contested at the High Court after Network Action against Corruption Organisation went to court seeking orders to eject her out of office, saying her term has since expired.
Network Action against Corruption's director Gordwin Otieno wants the court to restrain Sarah from attending the NCA's board meetings and summoning its members.
Otieno says that Sarah was appointed to the board of directors of the Authority on June 31, 2018, for a period of one year which has since expired.
“Sarah has illegally and unlawfully declined to vacate the said position and continues to purport to stay office,” added Otieno.
He said Sarah’s actions have adversely affected the operations of the board of NCA as they are unable to execute their mandate according to the law.
Sarah is being accused of using mischief and intimidation to frustrate the chairman and the other members of the board to ensure that they are unable to administer the functions.
“Sarah summoned the board members to meetings aimed at intimidating them into allowing her unlawful tenure to continue,” said Otieno.
Network Action against Corruption is a non-governmental organisation whose mandate is to promote good governance and public policy within the national scope in the country.
In the court documents, Otieno said Sarah was appointed for the last term as a board member of the Authority on June 31, 2018.
After her term expired, she has unlawfully and illegally been insisting to attend the meetings of the said board despite the fact that she ceased to be a member over one year ago as well as demanding to be accorded the full benefits assigned to the said position.
“Sarah has caused a stalemate in the operation of the board as it has been unable to conduct its mandate,” said Otieno.
According to Otieno, the board members are unable to conduct meetings in the presence of strangers.
Sarah is said to be an employee of the National Treasury and therefore purporting to be a member of the Construction Authority is causing untold suffering, confusion, and inconveniences to members of the general public.
Otieno said the National Construction Authority is a public body that ought to be serving Kenyans but Sarah is acting like she is the owner by refusing to respect the fact that her term expired.
“Our efforts to have Cabinet secretaries, Treasury, Lands, Transport and the Attorney General have bored no fruits,” added Otieno.
They are seeking temporary orders restraining Sarah from attending any NCA board meetings or summoning any of the board members pending the hearing and determination of the petition in court.
The Organisation is also seeking to have the Directorate of Criminal Investigations to carry out investigations over the legality and authenticity of the letters dated 13/7/2012, 1/5/2015 and 14/10/2015 purported to be appointing Sarah to the board of the National Contraction Authority.
The NGO said the board is paid through tax payer’s money for purposes of offering services to the general public without fear or favour.
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