Reprieve for Katiba Institute as court stops action by NGOs board

Lawyer Suyianka Lempaa who is representing Katiba Institute whose officials had been summoned by the NGOs Coordination Board over allegations of money laundering. The High Court has stopped the board and Acting Interior Cabinet Secretary Fred Matiang'i from interfering with Katiba's operations. FILE PHOTO | NATION MEDIA GROUP

What you need to know:

  • Katiba had moved to court seeking to stop the NGOs board and Dr Matiang'i from interfering with its operations.
  • The GOs Coordination Board had summoned Katiba officials over alleged complaints on money laundering.
  • The board accused Katiba of allowing foreigners to work without permits in the country.

The High Court has stopped the NGOs Coordination Board and Acting Interior Cabinet Secretary Fred Matiang'i from interfering with the operations of Katiba Institute and taking action against its officials over summons on allegations of money laundering.

Katiba Institute had moved to court seeking to stop the NGOs board and the Interior Cabinet Secretary from interfering with its normal operations.

Through lawyer Suyianka Lempaa, Katiba told the court that the board, led Mr Fazul Mohamed, sent them an email on November 3 at 2.40pm summoning their officials over alleged complaints on money laundering.

The email also accused Katiba of allowing foreigners to work without permits in the country.

Their staff were to appear at the board's offices for a meeting with officials from the Department of Immigration, the Financial Reporting Centre and the board itself.

NOT NGO

In its case, Katiba says that they had been summoned together with two other civil society organisations but they declined to appear as instructed.

They argue that Katiba is not an NGO hence the board has no regulatory authority over it and that it is merely acting illegally, in bad faith and is abusing its power.

“Katiba has no other form of registration other than as a company limited by guarantee of the Companies Act," said Mr Lempaa.

He added, "The board's action is in violation of the Constitution which provides that everyone has the right to have any dispute resolved by the application of the law decided in a fair and public hearing before a court or appropriate, independent and impartial tribunal or body.”