Court suspends Nkaissery’s decision to retire Mututho as NACADA boss

The High Court has suspended the decision by Interior Cabinet Secretary Major Gen. (Rtd.) Joseph Nkaissery to retire the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) chairman, John Mututho.

High Court Judge George ruled that Mututho, who sued Nkaissery over the retirement debacle, has presented an arguable case before the court setting the hearing on October 4, 2016.

Mututho claims that in a letter dated September 6, 2016 Nkaiserry purported to retire him on grounds that he was appointed the Chairman of the Transport Licensing Appeals Tribunal.

He claims that the purported retirement is malicious adding that he has been in the forefront fighting for corruption at the Authority. He further argues that the Interior CS failed to comply with Article 47 of the Constitution as he has not been afforded an administrative action that is expeditious, efficient, reasonable and procedurally fair.

“My purposed retirement is steeped in bad faith since I have been in the forefront of fighting corruption at the Authority where 500 million shillings has been lost,” says Mututho in court documents.

Mututho says despites declining his appointment to the Transport Licensing Appeals Tribunal, the CS has proceeded to retire him from the authority   on grounds that he is a chairman of two boards.

He says that he believes the decision to retire him was undergirded in his complain of corruption against officers of the Authority to the Ethics and Anti-Corruption Commission (EACC) and the subsequent charging of the officers in court in a case he is lined up as a potential witness.

“It is clear that the CS is only intent on removing me from the Chairmanship of the Authority to frustrate the anti-corruption cases that substantially touch on his ministry as I have already declined the appointment to the Transport Licensing Appeals Tribunal,” he said.

Mututho wants the High Court to suspend the letter retiring him and also restrain the Interior CS from retiring him or terminating his chairmanship without complying with the law.