A Nairobi-based businessman has escalated his legal dispute with the Assets Recovery Agency (ARA) to the Anti-Corruption Court, alleging irregularities in the appointment of ARA CEO, Ms. Alice Mate. The businessman, Mr. Anthony Odiero, represented by lawyer Ndegwa Njiru, contends that Ms. Mate’s appointment was unconstitutional, as there was no properly constituted board to oversee her recruitment.
In a filing submitted to the anti-corruption court on March 26, 2024, Mr. Odiero argues that the appointment of Ms. Mate by the Attorney-General (AG) without the involvement of a board to recruit the agency’s director is invalid from the outset. He asserts that Ms. Mate should refund all salary and allowances received since her appointment.
The case, set to be mentioned before Justice Esther Maina on April 4, 2024, challenges Ms. Mate’s authority to act on behalf of the ARA, citing a lack of evidence regarding her recruitment process. Lawyer Njiru argues that without the mandatory recommendation from the Asset Recovery Advisory Board, Ms. Mate’s appointment is null and void, rendering her incompetent to initiate legal proceedings.
According to Njiru, the Proceeds of Crime and Anti-Money Laundering Act stipulates that the ARA should be overseen by an Asset Recovery Agency Advisory Board, which is responsible for recommending a director after a thorough recruitment process. He contends that the AG’s appointment of Ms. Mate without following these procedures violated the law, denying other qualified candidates the opportunity to apply for the position.
Njiru further asserts that the appointment process lacked transparency and violated principles enshrined in the Constitution of Kenya, including the rule of law, accountability, and public participation. The legal challenge underscores the importance of adherence to legal procedures in public appointments and the significance of transparency in governance.
