Activist Okiya Omtatah had moved to court seeking to block the extension of Fazul's term and the Employment and Labour Relations Court on Wednesday certified the application as urgent.
Justice Hellen Wasilwa directed Mr Omtatah to serve Mr Mahamed and the CS with the court papers ahead of the hearing on December 18.
Speaking to Kenyans.co.ke, the activist stated that Mahamed's tenure expired on November 24 but Dr Matiang'i had not formulated a committee or even advertised the position as vacant.
Omtatah reiterated that CS Matiang'i was committing an offence and had blocked other Kenyans from getting the job.
“The irregular retention of the interested party in the public service beyond his contractual term has blocked the advancement of other deserving Kenyans who are qualified and would vie for the position," stated Omtatah.
In August, the CS ordered the suspension of the punitive action initiated by the Non-Governmental Coordination Board against two human rights lobbies, pending a probe into compliance concerns.
Matiang'i wrote to Fazul putting off further action against the Kenya Human Rights Commission and the Africa Centre for Open Governance (AfriCOG) for 90 days.
The suspension, according to a letter seen by Kenyans.co.ke, would allow a committee headed by the Interior Principal Secretary Karanja Kibicho to look into compliance concerns by the two lobby groups.