The Consumers Federation of Kenya (COFEK) has filed a petition in court to challenge the appointment of Mary Mungai as chairperson of the Athi Water Works Development Agency. COFEK is seeking conservatory orders to bar Mungai from exercising her duties pending the hearing and determination of the case. The consumer lobby argues that her appointment raises questions about compliance with the Water Act, 2016, and constitutional requirements on integrity, competence, and suitability for public office.
Mungai's appointment was made on August 8, 2025, but has been marred by allegations of conflict of interest arising from her previous tenure as chairperson of the Communications Authority of Kenya. On September 3, 2026, the High Court quashed an advisory opinion issued by the Attorney General on the allegations, ruling that their investigation fell within the mandate of the Ethics and Anti-Corruption Commission (EACC). However, the court did not determine whether Mungai had engaged in conflict of interest, leaving the allegations unresolved.
COFEK subsequently lodged a complaint with the EACC on September 4, 2026, seeking investigations into the allegations. In a letter dated October 14, the commission confirmed that it had taken up the complaint for investigation. The federation argues that Mungai's continued stay in office raises questions about the legality of her appointment and the application of constitutional standards in public appointments.
The court is being asked to certify the application as urgent and grant any further orders it considers appropriate. COFEK wants the court to stop Mungai from exercising the functions of the position until the petition is determined, arguing that her continued service could undermine accountability and lawful public administration. The case will have significant implications for public appointments and the enforcement of constitutional standards.
The EACC's investigation into the allegations against Mungai is ongoing. If the allegations are found to be true, Mungai could face significant consequences, including potential removal from her position. The case has sparked debate about the importance of integrity and competence in public office and the role of institutions in enforcing these standards.
COFEK's petition is part of a broader effort to promote accountability and transparency in public appointments. The consumer lobby has been actively engaged in advocating for the enforcement of constitutional standards in public appointments and has filed several petitions in court challenging appointments that it deems to be irregular.
The outcome of the case will be closely watched by stakeholders in Kenya's water sector and beyond. The case has significant implications for the governance of public institutions and the enforcement of constitutional standards in public appointments. Key issues to be determined include whether Mungai's appointment was lawful and whether she has engaged in conflict of interest.
Key points
- COFEK seeks to suspend Mary Mungai as chairperson of Athi Water Works Development Agency over conflict of interest allegations.
- The petition raises questions about the legality of Mungai's appointment and the application of constitutional standards in public appointments.
- The EACC is investigating allegations of conflict of interest against Mungai.
