Court puts ejection of Lumumba on hold

Prof Patrick Lumumba leaves the Kenya Institute of Administration after a past function. Photo/FILE

The High Court has suspended the removal of Patrick Lumumba from the anti-graft agency.

The court on Thursday issued an interim injunction against the ejection of Prof Lumumba and four other members of the Kenya Anti-Corruption Commission. (Read: New law kicks Lumumba out of KACC)

The court also stopped the appointment of any person to act as commissioners of the newly created Independent Ethics and Anti-Corruption Commission (IEACC).

The orders were issued last evening by judge Mary Ang’awa after an application by Mr Ledama ole Kina, who sued the Attorney-General and the Justice minister.

The judge is expected to provide reasons for her decision this morning and set a hearing date.

Mr Kina, through lawyer Mbugua Mureithi, argued that Parliament had acted in a discriminatory manner by passing a Bill that effectively sent KACC commissioners packing.

He said provisions of section 34(1) of the IEACC Act violated the fundamental rights of Prof Lumumba and the other four directors — Mr Pravin Bowry, Prof Jane Onsongo, Dr John Mutonyi and Mr Wilson Shollei.

According to the lawyer, MPs did not only flout the national values in the Constitution but also ignored a mechanism already in place for the removal of the commissioners

Mr Kina, who has declared interest in running for the presidency in the next General Election that is likely to be held next year, argues that halting any appointments will save taxpayers’ colossal sums of money that will be paid to Prof Lumumba and his team as compensation for termination of their contracts.