Fight between AUC and a suspended Kenyan rages on 

The fight between Shem Ochuodho, a suspended member of the African Union’s Economic, Social and Cultural Council (Ecosocc), and the AU has dragged on for close to a year, as the Kenyan insists his rights were violated when he was suspended last June.

In a petition at the High Court in Nairobi, Dr Ochuodho is challenging his suspension, saying it was unprocedural.

He also alleges corruption and misappropriation of funds at the Ecosocc Secretariat.

“The petitioner, together with other members of Ecosocc, have been continuously raising grievances to the African Union Commission (AU Secretariat) in the way Ecosocc secretariat was managed which included corruption, misappropriation of funds, misrepresentation, disrespect to ECOSOCC leaders and barriers in reform agenda in the ECOSOCC system,” says Ochuodho in court papers.

The case came up for mention on June 13 and the court asked the respondents, the AU Commission, the Ecosocc Standing Committee, the Ecosocc Secretariat and AUC chair Moussa Faki, to file their responses.

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Ochuodho was suspended in June 2022 alongside six other members of the Ecosocc for alleged breach of its code of ethics and conduct, including “illegal convening of the General Assembly and destabilisation of Ecosocc and improper behaviour,” according to a statement dated June 28, 2022.

The AU said it had suspended the officials after internal investigations found they had committed misconduct and infringement of AU legal norms.

The others were Abozer Elligai Elmana (Sudanese), Abdurrahman Mokhtar (Libyan), Roll Stephane Ngomat (Gabonese), El Hacene Abdallah Bah Mbareck (Mauritanian), Tunji Asaolu (Nigerian) and John Oba (Nigerian).

Ecosocc is an advisory organ composed of different social and professional groups of AU member states.

In his court papers, Dr Ochuodho, says his voice for reform and corrective measures against addressing the issues that damage the name, reputation and integrity of the African Union as a whole and Ecosocc were hijacked.

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He claims that the AUC, the Ecosocc Standing Committee, the Ecosocc Secretariat and Mr Faki attempted to silence him on the reform agenda.

Ochuodho’s lawyers say Faki does not have powers to sanction elected members of the Ecosocc.

“The Ecosocc statute and rules of procedure do not give powers to the office of African Union Commission chairperson or any other organ of the African Union the power to sanction Ecosocc elected members or leadership.

‘‘The statutes and rules of procedure do not confer on the African Union Commission any powers to act on behalf of ECOSOCC general assembly,” says Ochuodho.

He claims that on two occasions, a two-thirds majority of members of the general assembly of the Ecosocc signed petitions calling for convening of ordinary and extraordinary general assemblies and both were ignored or repudiated by the Secretariat.

He says his suspension was faulty because Ecosocc’s disciplinary committee was not involved in inquiring into the alleged misconduct as provided in the statutes and rules of procedure.

“Four of the five members of the Disciplinary Committee have written to disown and object to this irregular action of the AU Commission,” say court papers.

The case will be mentioned on July 19, 2023 before Justice Hedwig Ong’udi at the High Court in Nairobi.