Court dismisses petition challenging Alice Mate’s appointment as Assets Recovery Agency director
Justice Nduma Nderi struck out the case, finding that the court lacked the jurisdiction to revisit a matter already determined in earlier proceedings.
The Employment and Labour Relations Court has dismissed a petition that sought to challenge the appointment of Brigadier (Rtd) Alice Mate as Director of the Assets Recovery Agency (ARA).
Justice Nduma Nderi struck out the case, finding that the court lacked the jurisdiction to revisit a matter already determined in earlier proceedings.
More To Read
- ARA freezes First Choice Recruitment director Chepchirchir’s assets over Sh1 billion overseas jobs scam
- Court orders Assets Recovery Agency to return Sh3.8 million to Nairobi trader after 5-year legal battle
- 10 arrested in Sh449 million scam targeting Fuliza loan platform
- How fraudulent recruitment agency left 1,200 victims in financial ruin
The judge noted that another petition raising similar questions had previously been adjudicated, rendering the latest challenge both moot and res judicata.
"In the circumstances, the petition is hereby struck out. The court has no jurisdiction to entertain it, and the issues raised are moot," Justice Nderi ruled.
The judge further observed that Brigadier Mate had already completed her two terms at the agency and exited office, making any orders concerning her appointment redundant.
The petition had been filed by the African Institute for Peace and Human Rights and activist Charles Kariuki, who accused the government of violating constitutional provisions in appointing Mate to head the agency. They claimed that her appointment contravened Articles 27, 28, 73(2)(d), and 232(1)(e), (f) and (g) of the Constitution.
The two also sought a declaration that Kenyans are entitled to reimbursement of all salaries and benefits paid to Mate during her tenure, arguing that her appointment was unlawful.
According to the petitioners, Mate was serving as a Kenya Defence Forces officer at the rank of Colonel at the time she was appointed, and her elevation to the ARA post allegedly violated the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA).
They contended that Section 53(2) of POCAMLA requires the Attorney General to appoint the ARA Director on the recommendation of the Assets Advisory Board — a board they claimed was not functional when Mate was hired.
However, the Attorney General opposed the petition, stating that the matter had already been conclusively handled by the High Court in a ruling delivered on December 31, 2024. He argued that the Employment Court could not reopen the issue, as it is a court of concurrent jurisdiction.
The AG also submitted that Article 35 of the Constitution, which deals with the right of access to information, could not support the declaratory orders the petitioners were seeking.
Justice Nderi agreed with the AG's position, concluding that the petition had no legal footing before the court.
Top Stories Today
