The Employment and Labour Relations Court has certified as urgent a petition challenging the appointment of National Infrastructure Fund founding CEO James Mworia.
Justice Stella Chemtai Rutto on Wednesday certified the matter as urgent and admitted it for hearing during the court recess.
“Upon reading the application and upon noting the grounds in support thereof; it is therefore hereby ordered that the motion is certified urgent and is admitted for hearing during the Court recess,” the order reads in part.
The judge directed the petitioners to serve the application on the respondents, who have seven days from the date of service to file and serve their responses.
“That the matter be mentioned before the trial Court on 21st September 2026 for further directions/orders,” the order states.
Javan Onyango and Emmanuel Kiplagat have named the National Infrastructure Fund (NIF) Board, the National Treasury Cabinet Secretary, the Attorney General and James Mworia Mwirigi as respondents.
The petitioners are seeking orders suspending the appointment and stopping Mworia from exercising the functions and powers of the CEO pending the determination of the case.
In their petition, Onyango and Kiplagat have questioned the recruitment process, including whether it was competitive.
The petitioners have asked the court to compel the Fund Board and the National Treasury to produce documents relating to the recruitment.
The documents sought include Mworia’s application, minutes of Board meetings, attendance registers, the composition of the recruitment panel, the shortlist, interview criteria and score sheets, and the Board resolution appointing him.
The petitioners are also seeking orders quashing the appointment and directing a fresh recruitment process.
NIF, established under the National Infrastructure Fund Act, 2026, is expected to mobilise up to Sh5 trillion for national infrastructure projects.
The Fund’s CEO has responsibilities including overseeing its day-to-day affairs and administering the Fund.
The petitioners have also sought conservatory orders pending the hearing and determination of the case.
However, the court has not suspended Mworia’s appointment.
Wednesday’s order only certified the matter as urgent, allowed it to proceed during the court recess and set timelines for the respondents to file their responses.
The respondents have seven days after being served with the application to respond before the matter returns to court on September 21.
