Kenya: Court Certifies Urgent Case Challenging James Mworia's Appointment As National Infrastructure Fund CEO

What the report says

Kenya’s Employment and Labour Relations Court has marked as urgent a petition challenging the appointment of James Mworia as the first chief executive officer of the National Infrastructure Fund, setting the dispute up for an accelerated hearing. According to Capital FM, which AllAfrica distributed, Justice Stella Chemtai Rutto ordered on September 9 that the case be heard during the court recess after petitioners Javan Onyango and Emmanuel Kiplagat raised objections over how the appointment was handled.

The petitioners want the court to temporarily suspend Mworia’s role while the case is heard. They argue that he was named CEO while still serving as an independent director on the six-member board that selected him, which they say creates an apparent conflict of interest and raises concerns about bias and fairness. They also question whether he disclosed any interest and withdrew from board deliberations, as required under the law cited in their filing.

The court has directed service of the application on the respondents, including the National Infrastructure Fund Board, the National Treasury, the Attorney-General and Mworia, who then have seven days to reply. The matter is due back in court on September 21 for further directions. The petition also raises broader concerns about the recruitment timetable, the lack of public disclosure of applicants and shortlisted candidates, and whether the process met constitutional expectations on transparency and representation.

The National Infrastructure Fund is a new state vehicle created to mobilize long-term capital for infrastructure projects, with the petitioners saying it could eventually handle up to Sh5 trillion. That scale is part of why they argue the case matters: any decision made before the dispute is resolved could have significant public consequences.