Mworia’s appointment as NIF CEO challenged in High Court
The petitioners, Javan Onyango and Emmanuel Kiplagat allege conflict of interest, lack of transparency and an uncompetitive recruitment process. Mworia was a sitting independent director of the NIF board when he applied for the CEO position and was subsequently appointed by the same board.
The appointment of James Mworia as the founding chief executive officer of the National Infrastructure Fund (NIF) has been challenged at the High Court, with petitioners alleging conflict of interest, lack of transparency and an uncompetitive recruitment process.
The petitioners, Javan Onyango and Emmanuel Kiplagat, want the court to scrutinise the circumstances surrounding Mworia’s appointment, arguing that the recruitment was competitive only in appearance but had been predetermined in substance.
At the centre of the challenge is the fact that Mworia was a sitting independent director of the NIF board when he applied for the CEO position and was subsequently appointed by the same board.
The petitioners argue that the circumstances created an apparent conflict of interest and a reasonable apprehension of bias.
They want the court to determine whether Mworia disclosed his interest as required by law and whether he was excluded from discussions and decisions relating to the recruitment and appointment.
“That the 4th Respondent (Mr Mworia) was appointed Chief Executive Officer while still serving as a sitting independent director of the very Board that appointed him,” the petition states, adding that the recruitment followed an application window of only approximately 17 to 18 days and had no published shortlist.
The petitioners further allege that the advertisement may have been a formality intended to legitimise a predetermined outcome.
Questions have also been raised over the timing and duration of the recruitment. According to the petition, the NIF Board was constituted on July 8, 2026, following a competitive process that attracted 78 applicants, with 16 candidates shortlisted and interviewed on June 29 and 30.
Only five to six days after the board was constituted, the CEO position was advertised, giving applicants about 17 to 18 calendar days to submit their applications before the July 31 deadline.
The petitioners contend that the period was particularly restrictive because applicants were required to obtain clearance certificates from the Kenya Revenue Authority, Higher Education Loans Board, Ethics and Anti-Corruption Commission, Directorate of Criminal Investigations and a registered Credit Reference Bureau.
They argue that obtaining some of the clearances ordinarily takes longer than the application period, potentially disadvantaging qualified applicants who did not have recently issued certificates.
The petitioners have also questioned the board’s decision not to publish the names of applicants or shortlisted candidates. They say this denied the public an opportunity to scrutinise whether the recruitment complied with constitutional requirements on gender balance, ethnic diversity and regional representation under Articles 27 and 232.
They contrast the process with the appointment of the NIF Board itself, which they say involved greater disclosure, including the number of applicants and finalists.
The High Court has certified the petition as urgent and directed the petitioners to serve the case documents on the NIF Board of Directors, Treasury Cabinet Secretary John Mbadi and Attorney General Dorcas Oduor. The matter will be mentioned on September 21 for directions on the hearing.
The petitioners are seeking court intervention before Mworia exercises the extensive powers vested in the NIF chief executive under the National Infrastructure Fund Act, 2026. These include originating projects, approving investments, entering contracts and mobilising private capital.
They argue that allowing the appointment to remain in force while the issues are being determined could cause irreversible prejudice to the public interest and undermine constitutional principles of transparency, accountability and fair competition.
The legal challenge comes as Mworia begins his new role after nearly 18 years at Centum Investment Company. Centum announced on Monday that he had stepped down as group CEO, effective September 7, 2026, to take up the NIF position.
Thomas Omondi-Achola, Centum’s group chief operating officer and partner for portfolio operations since 2018, was appointed acting group CEO.
Mworia’s move to the infrastructure fund comes about two months after Treasury established the framework for the new institution.
