Two employees of the NGOs Coordination Board have sued chief executive Fazul Mahamed for allegedly being in office illegally.
Shebby Sakwa and Davies Njuguna want the court to declare Fazul unfit to hold office as he "lacks requisite qualifications".
Through lawyer Behmi Kanyonge, they say the CEO, while in office illegally, has and continues to unprocedurally and illegally transfer, dismiss, suspend and retire members of staff.
They add that since March last year, directors have not yet been appointed by the Devolution CS.
“Should this court not suspend Fazul pending an audit of his actions and an investigation of his qualifications, it is likely to set a bad precedent,” they say.
"It will encourage the disregard of the rule of law in appointment to public and state offices, due to the failure to carry out due diligence."
According to court documents, Wilson Kipkazi, the national chairman of the National Council of NGOs, wrote to the Egerton University's vice chancellor.
He requested information regarding the academic qualifications of the CEO.
On September 10 last year, Academic Affairs registrar Prof SFO Owido, writing on behalf of the vice chancellor, responded.
He said: “Mahamed Yusuf was discontinued on academic grounds in his third year of study (for failing 50% or more of all the credit factors taken in the ordinary examinations of one academic year) by the Senate on August 26, 2010."
Sakwa and Njuguna say Fazul's qualifications and allegations of sexual harassment were highlighted in the local dailies.
Since the allegations were made, Fazul has not responded to them.
High Court judge Isaac Lenaola set the hearing for March 8.
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