NAIROBI, Kenya, May 8 – The Kalonzo Musyoka Foundation has sued Non-Governmental Organization Coordination Board for freezing its bank accounts and suspending its operations over unaccounted funds.
Under a certificate of urgency, the Foundation which is associated with NASA running mate Kalonzo Musyoka, now wants the freeze order suspended pending determination of the suit.
Through lawyer Albert Murambi, the Foundation has faulted the move by the NGO Board insisting “it is illegal because it was done without a court order.”
Murambi accused the NGO Board of acting unlawfully while insisting that the Foundation had followed all the necessary legal requirements.
“The conduct of the respondent is irrational since prior to the move the applicant had complied with all the legal requirements,” he states.
The Foundation is also seeking orders prohibiting the board from de-registering it or in any way interfering with the rights of its officials and officers,” under the pretext of investigations.”
The Foundation’s bank accounts were frozen following instructions made to the Central bank of Kenya (CBK) by the NGO Board Executive Director Fazul Mahamed.
The NGO board accused the Foundation of operating secret, illegal and unauthorised bank accounts, both local and foreign, in contravention of the NGO Coordination Act.
In a supporting affidavit, Musyoka’s son Kennedy says if the decision is not halted, thousands of individuals who benefit from Kalonzo Musyoka Foundation philanthropic activities stand to suffer.
“The unlawful order has adversely affected the respondent’s day to day operations to the detriment of thousands,” he said.
While communicating the decision, the Non-Government Organizations Coordination Board accused the foundation of engaging in money laundering and operating illegal accounts.
The board claimed the Foundation was unable to account for Sh196 million and a further Sh50 million from Chinese donors.
It has since initiated a legal process of ascertaining the criminal culpability of its directors, who include former VP Musyoka who is the patron and trustee.