A human rights activist has gone to court challenging his removal from a community-based professionals WhatsApp group for allegedly echoing raised fundamental mismanagement issues.

In his petition at the High Court in Mombasa, Mr Julius Ogogoh claims that his removal from the Luo Professionals Welfare Group Mombasa’s official WhatsApp platform was arbitrary, irregular and illegal

Mr Ogogoh has sued Pius Oketch, Zablon Awino, and Mourice Abwao (respondents) who are chairman, secretary and treasurer respectively of the welfare group.

He says that he is a fully paid up and active member of the group and the action by the respondents to remove him from the group is ultra vires (beyond legal powers) as it deprives him access to information and participation in the group’s activities.

The petitioner is seeking a declaration that the decision by Mr Oketch to remove him and any other member from the WhatsApp group violates the constitution and constitutes illegality.

Mr Ogogoh also wants an order directing the three officials to unilaterally and unconditionally add him to the WhatsApp group and all other fora related to it (group).

He says that Luo Professionals Welfare Group Mombasa, which he has named as an interested party in the petition, has brought together professionals from the Luo community who reside for gain within Mombasa.

This, he says is in a bid to pool resources together to ease financial burdens amongst them during bereavement and uplift social and economic status of the members.

“One of the policy directions that was developed by the respondents which cannot be gainsaid was never voted for was that upon bereavement of a member, a benevolent fund will be set up with each member contributing Sh1,000,”part of the petition states.

Mr Ogogoh argues that the amount contributed which currently stands at Sh300,000 will be disbursed to a bereaved member except for 10 per cent which will be held in the group for one year upon which period will mature and be redeemed for utilization in the group’s contributions by the bereaved member.

The petitioner says that on or about March 13, members in the WhatsApp group raised concerns about the policy of retention of the 10 percent with a concern that no member has ever been allowed to access the matured retained funds after a year.

“The petitioner was among the members who seconded the topic and weighed in on the debate and registered his concerns with a further call for the respondents to provide statements of account together with an audit of the funds of the group,” Mr Ogogoh says.

He says that there has also been calls for the group to hold an Annual General Meeting for the members to conduct elections in line with the group’s constitution as they (elections) have never been held for the entire duration of the group’s existence.

“It is the petitioner’s contention that lack of dissemination of information and structured accountability has left the group to operate in a vacuum with members raising concerns among them whether the group is registered or not,” the petition states in part.

Mr Ogogoh claims that after echoing concerns of other members, he was singled out and arbitrary, irregularly and illegally removed from the official WhatsApp platform.

The petitioner further claims that he is aware that other members may have been removed in the same manner demonstrating impunity being perpetuated by the respondents.

In his affidavit, Mr Ogogoh states that prior to the removal from the WhatsApp group, he was neither issued with any formal notice or granted an opportunity to respond to any complaint against him either of the respondents or any member.

He also wants an order issued prohibiting and restraining the three respondents from attempting to remove him or any other member from the group’s official WhatsApp group without due process of the law.

The petitioner also wants the three respondents directed to provide him and members of the group with the group’s registration documents together with all documents submitted to the registering authority.

Mr Ogogoh also wants an order directing the respondents to provide him and members with a statement and audited accounts held with Bandari Sacco Ltd (the fourth respondent) in the name of the group or affiliated thereto from the time it was opened.

The petitioner also wants an order issued directing the chairman, secretary and treasurer to immediately release all the irregular withheld 10 percent of all funds meant for the benevolent fund to the entitled and rightful beneficiaries or bereaved members with an update to all members.