A dispute over an alleged conflict of interest involving Mary Mungai has returned to court, with the Consumers Federation of Kenya (COFEK) seeking to stop her from performing her duties as chairperson of the Athi Water Works Development Agency.

The consumer lobby wants the court to suspend Mungai from exercising the powers of the position until a petition challenging her continued service is heard and determined.

The application follows a September 2026 High Court decision that placed the investigation of the allegations under the Ethics and Anti-Corruption Commission (EACC), rather than the Attorney General’s office.

COFEK argues that the issues surrounding Mungai’s previous public office require scrutiny before her continued service at Athi Water can be considered consistent with the standards expected of public officials.

The federation is asking the court to examine whether her appointment, made on August 8, 2025, complied with the Water Act, 2016, and constitutional requirements on integrity, competence and suitability for public office.

The case does not amount to a finding of wrongdoing against Mungai. The allegations have not been conclusively determined by the court.

EACC takes up complaint

The dispute stems from questions raised about Mungai’s previous tenure as chairperson of the Communications Authority of Kenya. COFEK has raised concerns about a possible conflict of interest linked to that period and wants the relevant authorities to investigate the matter.

On September 3, 2026, the High Court quashed an advisory opinion issued by the Attorney General on the allegations. The court determined that investigating the claims fell within the EACC’s mandate.

The decision did not establish whether a conflict of interest had occurred. Instead, it clarified which institution was responsible for investigating the claims, leaving the allegations unresolved.

COFEK subsequently lodged a complaint with the EACC on September 4, 2026, seeking a formal investigation.

In a letter dated October 14, the commission confirmed that it had taken up the complaint, according to the federation.

The investigation is expected to address the concerns raised in the complaint, although the confirmation that a case has been taken up does not establish that the allegations are true or that any offence has been committed.

Public appointment under scrutiny

COFEK’s latest application shifts attention to Mungai’s current role at Athi Water, a public agency responsible for developing water infrastructure and supporting water service provision within its area of operation.

The federation maintains that unresolved questions about her previous public office warrant judicial consideration of whether she should continue exercising the powers attached to her current appointment.

It wants the court to issue conservatory orders preventing Mungai from carrying out the chairperson’s duties while the case remains pending. Such orders would temporarily restrict the exercise of those duties rather than amount to a final determination of the allegations.

The application also asks the court to certify the matter as urgent, allowing it to be considered on a priority basis, and to grant any further orders it finds appropriate.

The case raises questions about the standards applied when appointing individuals to public bodies and the role of oversight institutions in investigating alleged conflicts of interest.

However, the request to suspend Mungai and the EACC investigation are separate matters. The court must consider the legal basis for the proposed suspension, while the commission is responsible for examining the complaint and determining whether the evidence warrants further action.

Until the court rules on COFEK’s application and the investigation establishes its findings, the allegations remain unresolved.