In an application filed before the High Court, COFEK wants conservatory orders barring Mungai from exercising the powers and functions of the state agency’s chairperson pending the hearing and determination of a petition challenging her appointment.

The consumer lobby is also seeking to have the application certified as urgent, arguing that her continued stay in office raises serious constitutional questions concerning integrity, accountability and compliance with the law governing public appointments.

Mungai was appointed chairperson of Athi Water on August 8, 2025, by then Water, Sanitation and Irrigation Cabinet Secretary Eric Mugaa in a gazette notice issued on the same day.

Her appointment followed a reshuffle in which President William Ruto appointed Charles Kamau Karondo to replace her as Communications Authority of Kenya (CA) chairperson, while Mugaa appointed her to take over Karondo’s position at Athi Water.

Through its representative Stephen Mutoro, COFEK argues that Mungai’s appointment was subject to the mandatory requirements of Section 66 and the First Schedule of the Water Act, 2016, as well as constitutional provisions on integrity and suitability for public office.

The organisation says the appointment raises questions about whether the government adequately considered the allegations of conflict of interest that had emerged during her previous tenure at the Communications Authority.

The latest court action follows a September 3, 2026, judgment by the High Court in Constitutional Petition No. E683 of 2024, in which Justice Lawrence Mugambi quashed an advisory opinion issued by the Attorney General concerning the allegations against Mungai.

The judge ruled that investigating allegations of conflict of interest fell within the constitutional mandate of the Ethics and Anti-Corruption Commission (EACC), rather than the Attorney General’s office.

Justice Mugambi declared that the advisory opinion issued by Solicitor General Shadrack Mose on October 1, 2024, was unconstitutional and had no legal effect.

“The resulting opinion is thus unconstitutional and of no legal effect,” the judge ruled.

However, the court did not make a determination on whether Mungai had actually engaged in conflict of interest, leaving the substantive allegations for investigation by the EACC.

Following the judgment, COFEK lodged a formal complaint with the anti-graft agency on September 4, 2026, seeking investigations into the allegations arising from Mungai’s previous tenure at the Communications Authority.

In a letter dated October 14, 2026, the commission confirmed that it had taken up the complaint for investigation.

The underlying dispute involves allegations surrounding the award of Digital Super Highway project tenders to Nightigale Enterprises Limited, later renamed Nightigale (EA) Limited, a company COFEK links to Mungai’s family through her daughter’s previous shareholding.

COFEK has raised questions about the company’s ownership changes, possible beneficial ownership arrangements and whether conflict-of-interest disclosure requirements were observed during the procurement process.

The federation now argues that the unresolved questions should be considered when determining whether Mungai met the constitutional and statutory requirements for appointment to another public office.

It warns that allowing her to continue exercising the functions of chairperson while the issues remain under investigation risks undermining accountability and integrity in public administration.

The court is being asked to suspend her immediately pending the hearing of the application and subsequently until the main petition is determined.

The allegations against Mungai have not been established as findings of wrongdoing, and the EACC investigation remains a separate process.

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