NAIROBI, Kenya, Oct 28 – The Consumers Federation of Kenya (COFEK) has moved to court seeking to suspend Mary Mungai from serving as chairperson of the Athi Water Works Development Agency over unresolved conflict of interest allegations.

In the petition, COFEK is seeking conservatory orders barring Mungai from exercising the powers and duties of the position pending the hearing and determination of the case.

The consumer lobby argues that her appointment, made on August 8, 2025, raises questions about compliance with the Water Act, 2016, and constitutional requirements on integrity, competence and suitability for public office.

The case relates to allegations of conflict of interest arising from Mungai’s previous tenure as chairperson of the Communications Authority of Kenya.

On September 3, 2026, the High Court quashed an advisory opinion issued by the Attorney General on the allegations, ruling that their investigation fell within the mandate of the Ethics and Anti-Corruption Commission (EACC).

The court did not determine whether Mungai had engaged in conflict of interest, leaving the allegations unresolved.

COFEK subsequently lodged a complaint with the EACC on September 4, 2026, seeking investigations into the allegations. In a letter dated October 14, the commission confirmed that it had taken up the complaint for investigation.

The federation argues that Mungai’s continued stay in office raises questions about the legality of her appointment and the application of constitutional standards in public appointments.

It wants the court to stop her from exercising the functions of the position until the petition is determined, arguing that her continued service could undermine accountability and lawful public administration.

The court is also being asked to certify the application as urgent and grant any further orders it considers appropriate.