, NAIROBI, Kenya, Sep 9 – The High Court on Friday suspended a decision by Interior Cabinet Secretary Joseph Nkaissery to retire NACADA chairman John Mututho after finding that his petition holds merit.
Justice George Odunga directed Mututho to serve the parties named in his petition in preparation for an inter-partes hearing on October 4.
Mututho moved to court on Thursday to challenge his retirement from the National Authority for the Campaign against Alcohol and Drug Abuse board by Nkaissery by way of a letter dated September 6 – an action Mututho contends is driven by “malice.”
The reason he says he was given for his retirement from NACADA was an appointment to the Transport Licensing Appeals Tribunal which he argues cannot be the true basis given he turned it down.
He submits this as the ‘true’ reason for Nkaissery’s actions: “My purported retirement is in bad faith as I have been in the forefront fighting corruption at the authority where Sh500 million has been lost.”
His outspoken nature, Mututho contends in his suit papers, caused him to be shown the door citing complaints he made against Ethics and Anti-Corruption Commission officers whom he accused of being corruption and whom since, he says, have since been arraigned in court with him as a “key” witness.
“It is clear the CS is keen on seeing me gone in order to frustrate the anti-corruption cases that affect his ministry.”
Mututho has also takes issue with the manner in which he was ‘retired’ arguing that Nkaissery violated Article 47 of the Constitution by “failing to afford me an administrative action that is expeditious, efficient, reasonable and procedurally fair.”