Court blocks Fazul Mahamed's new tenure

Thursday December 7 2017

Mohamed Fazul

NGO Coordination Board Executive Director Fazul Mahamed. The Ombudsman declared him unfit to hold public office. PHOTO | FILE | NATION MEDIA GROUP

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The man who has been at the helm of the NGO Coordination board,  Fazul Mahamed and has rubbed shoulders with the civil society,  may no longer have powers that he has often used.

This is after the Employment and Labour Relations Court stopped any efforts aimed at renewing or extending his contract as the executive director of the NGO coordination board.

In a suit filed against the Interior Cabinet Secretary by activist Okiya Omtatah, Justice Hellen Wasilwa issued a temporary order pending the hearing and determination of the case.

“Court is hereby pleased to issue an interim order restraining the Interior CS or any person acting in his authority  from renewing, re-appointing or in any way whatsoever extending Mr Mahamed’s contractual tenure,” the judge said.

Mr Mahamed’s contract ended on November 23 having served for three years.

Besides this suit, Mr Mohamed faces other pending cases including one challenging his academic qualifications.

He has also been subjected to legal battles by several lobbies for his decision to deregister them.

According to Mr Omtatah, the said CS has not yet started the process of recruiting  a new executive director as required by law.

He has faulted the CS for being negligent in his duties and posing to breach the law that touches on the contractual  tenure of CEOs of public bodies.

He argued that the retention of Mr Mohamed in the public service is a violation of the law since bodies such as the ones he was leading require the CEO to go for a six month terminal leave pending the expiry of their contract to allow the appointment of acting ones in the transition period.