Blow for Ruto’s New Appointee as Appointment Challenged in Court

Petitioners have challenged the appointment of James Mworia as the founding Chief Executive Officer of the National Infrastructure Fund (NIF), questioning the recruitment process and his involvement as a sitting Board member.

The petition was filed at the Nairobi Employment and Labour Relations Court by Brian and Emmanuel Kiplagat on September 8, 2026, a day after Mworia took up the position to lead the multi-trillion-shilling public fund.

At the centre of the case, the petitioners have raised concerns over the appointment of Mworia while he was still serving as an independent director on the Board that selected him for the CEO position.

“A sitting Board member competing for a post the same Board was constitutionally and statutorily bound to fill impartially discloses, on the face of the public record, an apparent conflict of interest and gives rise to a reasonable apprehension of bias requiring urgent judicial scrutiny of the process, including verification of compliance with the disclosure and non-participation obligations in section 16(6)-(9) of the National Infrastructure Fund Act, 2026,” the petitioners stated.

Recruitment Process of Mworia Questioned

Beyond the alleged conflict of interest, the petitioners have questioned the length of the recruitment exercise, stating that the application window lasted approximately 17 to 18 days.

They also faulted the Board for failing to publish a list of applicants or a shortlist of candidates who proceeded to the interview stage.

“The complete failure to publish any list of the candidates who applied for the position of Chief Executive Officer, or any shortlist of those who progressed to the interview stage, denied the Kenyan public any opportunity whatsoever to scrutinize whether any candidates applied, who those candidates were, and whether the Board considered and complied with the mandatory constitutional requirements of gender balance, ethnic diversity and regional representation under Articles 27 and 232 of the Constitution,” they stated.

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Consequently, the petitioners want the court to examine whether Mworia complied with the National Infrastructure Fund Act, 2026, particularly provisions governing disclosure of interests and participation in Board decisions.

They have further questioned whether the Board conducted the recruitment competitively and transparently, arguing that the circumstances surrounding the appointment warrant judicial scrutiny.

Ksh 5 Trillion Fund at Centre of the Case

The petitioners have also pointed to the scale of the National Infrastructure Fund as they seek urgent intervention from the court.

Under the petition, the Fund was established through an Act of Parliament assented to on March 9, 2026, with an express mandate to mobilize up to Ksh 5 trillion for critical national infrastructure projects.

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Because of the powers attached to the CEO position, the petitioners argue that the appointment of Mworia could give one individual significant control over the Fund’s operations and investments.

“Unless this Honourable Court certifies the matter as urgent and issues conservatory orders during the current Court vacation, the 4th Respondent will continue to exercise the extensive powers conferred upon the Chief Executive Officer under Sections 18, 19 and 22 of the National Infrastructure Fund Act, including the power to originate projects, approve investments, enter into contracts and mobilize private capital, thereby causing irreversible prejudice to the public interest and to the constitutional values of transparency, accountability and fair competition,” they added.

For that reason, the petitioners have asked the court to certify the matter as urgent and hear it on a priority basis.

They are also seeking conservatory orders over the exercise of the CEO’s powers pending determination of the petition, citing public interest, constitutionalism, the rule of law and good governance.

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Photo of Former Centum CEO James Mworia while addressing the board members during a financial meeting. PHOTO/Wall Street