Court revokes freezing of Kalonzo Musyoka Foundation accounts

The High Court on Thursday, January 25 ruled that the Non-Governmental Coordination Board acted illegally in suspending operations, dissolving the board and freezing the bank accounts of an NGO belonging to former Vice President Kalonzo Musyoka.

In her ruling, Justice Roselyn Aburili indicated that the directive by the CEO of the board, Fazul Mahamed was overboard and illegal, hence declared the directive null and void.

This was after it emerged that three weeks to the letter castigating the Kalonzo Musyoka foundation, the Fazul-led board had cleared the foundation for operation.

Further, Justice Aburili found that the foundation never received notice or an explanation regarding the sudden change of events that saw their operations paralysed.

The judge was keen to note that the NGO Act provided that the board needed to notify the foundation of the observation in advance of 14 days before the purported directive.

“In this case the directive was issued indefinitely and as such even if the complainant filed an appeal before the cabinet secretary, there was no time to be heard therefore the only help then could come from the court,” read the ruling in part.

The court further said that the CEO can only make an observation and alert the investigating bodies who can then make recommendations depending on their findings.