Kenya:Court bars NGOs board from hiring or dismissing staff pending case

{Employment and Labour Relations Court Judge Nelson Abuodha granted the orders in an application filed by Shebby Sakwa.}

The NGOs’ Coordination Board has temporarily been stopped from dismissing or recruiting new members of staff.

Employment and Labour Relations Court Judge Nelson Abuodha granted the orders in an application filed by Shebby Sakwa, a former employee of the board who had been summary dismissed for alleged gross misconduct.

“Pending the hearing of this application inter-partes, the NGOs Coordination Board and its executive director are hereby stopped from dismissing, recruiting and replacing members of staff of the NGOs Coordination Board,” said Justice Abuodha.

Ms Sakwa, who worked as an administration assistant of the board, claimed her dismissal was malicious, adding that she was being victimised for questioning the academic qualifications of the NGO Co-ordination Board executive director, Fazul Mohamed.

Ms Sakwa, through lawyer Bemih Kanyonge, sought orders freezing recruitment after she claimed there were ongoing interviews with the aim of recruiting for the positions advertised, replacing anyone who had raised issues regarding Mr Fazul’s qualifications and management of the NGOs Coordination Board.

The lawyer claimed Mr Fazul carried out interviews to fill in positions including that of Ms Sakwa, as a reaction to her decision to file a petition before the Employment and Labour Relations Court challenging the legality of his appointment.

According to the lawyer, the NGOs board’s human resources manual is clear on dismissal and recruitment of members of staff and that some of the recruitments being done require the approval of the Board, but which were being conducted without such approval.

“There is also an ongoing freeze on employment of public and state offices and the same has not changed,” added lawyer Kanyonge.

Ms Sakwa has in court papers claimed that Mr Fazul forged his degree certificate to secure appointment as the executive director of the NGOs Coordination Board.

She is seeking, among other orders, a declaration that Mr Fazul is holding office illegally.

The case will be mentioned on April 19.

Non-government organisations (NGOs) Coordination Board Chief Executive Officer Fazul Mohamed (left) at a press conference on January 31, 2014.

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