A Nairobi court has stopped the swearing-in of Hustler Fund Advisory Board gazetted by President William Ruto and Cooperatives and MSME Development Cabinet Secretary Simon Chelugui last week.

When the matter came for hearing on Saturday, Judge Monica Mbaru suspended the taking of the oath pending the hearing and determination of the case.

Their assuming office and public discharging of oath and conduction of any official duty is also suspended.

They were also stopped from discharging official functions.

The petition had been filed by Operation Linda Ugatuzi leader Fred Ogola and two others.

The petitioners added that President Ruto, in a gazette notice dated January 20, 2023, appointed Irene Karimi as the chairperson of the newly established Financial Inclusion Fund, and three other people, namely Lawrence Kibet Chelimo, Paul Ndore Musyimi, and Hardlyne Lusui to the fund’s advisory board.

According to the petitioners, the President and the Cooperative CS handpicked the board, hence denying other qualified people a chance to be appointed.

"The respondents violated the Constitution by conducting the process of appointment in a clandestine manner, catching everyone by surprise, by only announcing appointments without precedent,” they argued in court documents.

“There is an imminent danger that the interested parties will assume office illegally, hence rendering this petition an academic exercise. The rights of persons with disabilities to appointment will be violated if the interested parties assume office, hence suffering damage that cannot be compensated,” they argued.

The petitioners sought orders suspending the Gazette Notice announcing the appointment of the board for a period of three years and restraining the board from assuming office, taking oath of office or discharging the duties of members of the Financial Inclusion Fund Board.

The petitioners further argue that the gazette notice was, surprisingly, made with effect from January 13, 2023, which is a backdated day before the official publication in the Kenya Gazette notice, contrary to the law.