The High Court on Monday issued a ruling against acting Interior Cabinet Secretary Fred Matiang'i restaining him from shutting down Africa Centre for Open Governance (AfriCOG) over allegations of failing to operate within the law.
Issuing the ruling, Judge George Odunga also nullified NGO Coordination Board's directive where it had sought the prosecution of the directors of the lobby group and demanded the freezing of its bank accounts.
Justice Odunga further ordered the Fazul Mahamed-led board to settle the costs of the suit citing that there was no evidence to show that the group was operating illegally.
[caption caption="File image of Judge George Odunga"]
[/caption]
AfriCOG, together with the human rights activists, had sued acting CS Matiangi, the NGO Board and others following the directive to stop its operations in the country.
Earlier in August, the NGO Coordination Board ordered the immediate closure of AfriCOG and arrest of the organization's directors who included anti-corruption crusader John Githongo.
In a letter addressed to the Director of Criminal Investigations (DCI), the NGOs Board Executive Director noted that AfriCOG was not registered under the NGOs' Co-ordination Act 1990 as required by the law.
Mr Mahamed asked the DCI to immediately shut down the operations of the organization.
He also ordered AfriCOG's Board of Directors to immediately cease operations until the organization acquires a certificate of operation under the act.
He further asked the Governor of the Central Bank of Kenya (CBK) to freeze all accounts and funds held under the NGO until further notice.
Following the directive, there was drama when police and Kenya Revenue Authority (KRA) officials attempted to raid the NGO's offices.
AfriCOG, however, declined to let the officers into their premises in Lavington, Nairobi, claiming that the warrants they had were fraudulent and most likely forged.
[caption caption="File image of NGOs Board Executive Director Fazul Mahamed"]
[/caption]
CS Matiang'i had to intervene as the standoff ensued between AfriCOG and the NGOs Coordination Board.
In a letter to the Executive Director of the NGO Coordination Board, Matiang'i noted that he had received several concerns and petitions from stakeholders and had arrived at the decision that before any conclusive action is made, comprehensive and exhaustive engagements needed to happen.
