The appointment of Prof Marion Mutugi at both the National Social Security Fund (NSSF) and (as an executive and salaried) Commissioner at the Kenya National Commission on Human Rights (KNCHR), refers.
The fact that KNCHR is an independent commission, and as established under Article 248(2)(a) of the Constitution, you ought to have revoked the appointment of Prof Mutugi immediately she took up her position at KNCHR.
Neither yourself, the NSSF board and Prof Mutugi are exempted from provisions of Article 10 and 232 of the Constitution. Accordingly, you should show cause why yourself, NSSF Chairperson and Prof Mutugi should not be personally surcharged for any parallel public expenses on an independent Commissioner also masquerading as a bonafide NSSF board of trustees member.
Her continued participation in NSSF formal business will render them void and a nullity ab initio on the basis that she is and remains a stranger to the NSSF board. We trust you can immediately regularize this glaring anomaly.
TAKE NOTICE notice that failure to rectify the same will attract a legal petition in your name and person besides the formality of being a Cabinet Secretary responsible for NSSF.
Under Article 152 of the Constitution, you took oath and indeed you have the sacred duty to protect the Constitution and public resources. Negligence and or conspiracy on your part to defeat the cause of justice must be severely punished within the confines of the law.
