Gov't Sued for Suspending NGO Linked to US-Based Kenyan Scholar Makau Mutua

Activist Okiya Omtatah has sued the government for shutting down operations of an Non-Governmental Organisation, International Development Law Organisation (IDLO), connected to US-based Kenyan scholar Makau Mutua.

In a suit filed against the NGOs Coordination Board and its Executive director Fazul Mohamed, the activist argues that the decision to suspend the lobby was arrived at without evidence that it breached its terms of operations.

He accuses NGO coordination board and Mr Fazul of falsely accusing the lobby of going against its agreement with the Kenya's Foreign Affairs Ministry.

Omtatah further says that the claims levelled against IDLO were illogical, because charitable organisations are not required to register as NGOs, and can be registered as foundations, societies, trusts and companies limited by guarantee under the Kenyan law.

“IDLO is an intergovernmental organisation governed by treaties; it is not an NGO under the supervision of the sued parties. The purported grounds for his actions have absolutely no basis in law,” Omtatah said.

He also argues that IDLO had operated in Kenya for about 10 years and has financed significant programmes and projects in the Executive, Judiciary and Parliament, hence the shut down should be declared invalid.

He accuses Fazul Mohamed and the NGO Coordination board of lacking competence to suspend IDLO, terming it act a misuse of office to disparage and destroy the lobby.

He asked the court to reverse the October 5th order blocking IDLO’s operations in the country. Fazul wrote to IDLO asking it to immediately close its offices and operations in the country and further ordered the Central Bank of Kenya Governor Patrick Njoroge and the director of the Financial Reporting Centre to freeze its bank accounts.