This archive report was first published on 2 July 2020.
Former Kilifi South MP Salim Mustafa Idd is facing a possible ouster from the Coast Water Works Development Agency board over allegations of nepotism.
The civil society group, Commission for Human Rights and Justice, filed a case on Wednesday seeking the revocation of Mr Idd's appointment as chairman of the agency due to conflict of interest with his wife, Amina Mnyazi, who serves on the same board.
According to the petition, Mr Idd and Ms Mnyazi contracted a marriage during their term of appointment and service, and are now spouses and living as husband and wife.
The group claims that this arrangement breaches Section 8, 9, and 10 of the Ethics and Anti-Corruption Act, as well as Section 19 of the Leadership and Integrity Act, Section 146 of the Companies Act, and Section 66 of the Water Act.
Through its executive director, Julius Ogogoh, the civil society group says that the two cannot be allowed to serve on the same board due to conflict of interest.
“In the public domain, a man and his wife cannot preside over the same public and State agency with the same mandate without the real likelihood of conflict of interest,” says the petitioner.
The group wants the court to issue an order stopping the State Corporation Advisory Committee from authorising payment of all claims of mileage of the two and any other payment pending the hearing and determination of its case.
At the same time, Mr Ogogoh wants the committee and the Ethics and Anti-Corruption Commission ordered to commence investigations into the affairs of the board, particularly the false claims on mileage by the two and file their findings in court within two weeks.
“Pending hearing and determination of this case, a conservatory order be issued against the respondents prohibiting them from discharging their duties at the State water agency,” said Mr Ogogoh.
The activists also want Mr Idd and Ms Mnyazi to resign and refund all the sitting allowances they have been paid from public coffers while breaking the law on conflict of interest.
Mr Idd and Ms Mnyazi were appointed as chairman and member of the board respectively by the Ministry of Water in February 2019 to serve for a period of three years.
