Activist Okiya Omtatah has demanded the immediate exit of NGO Coordination Board boss Fazul Mahamed.
Through the Kenya for Justice and Development Trust (KEJUDE), the activist said he will go to court if Fazul does not leave office.
He wrote to Interior ministry, Public Service Commission, State Corporations Advisory Committee and the Attorney General on November 10 regarding the matter.
Omtatah argues that Fazul's three-year tenure as executive director at the board expired and should have taken terminal leave by now.
"His tenure at the board expires on November 23, 2017 or thereabout....and has not taken terminal leave contrary to the requirements of the law."
"He (Fazul) remains in active service and the existing vacancy in the office of the NGO Board executive director has not been advertised," the letter reads in part.
"We demand that you send Mahamed on terminal leave with immediate effect from today and commence the process of appointing a new executive director," Omtatah said.
He wants an acting executive director appointed in the transition period pending the competitive recruitment and appointment of a substantive office holder.
Omtatah asked the recipients of the letter to act on the matter in 14 days or face legal action at their cost.
The appointment of Fazul to the board has remained controversial with two state agencies declaring him unfit to hold public office.
The board, which is operating without members, was moved from the Devolution to Interior ministry.
Civil society groups view the entity as one that is being used by the Jubilee to harass and frustrate critics of President Uhuru Kenyatta's administration.
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In November 2016, the Commission on Administrative Justice, known as the Ombudsman, declared Fazul unfit to hold public office.
This was corroborated by the Ethics and Anti-Corruption Commission which ordered fresh investigations into his suitability in May 2017.
Fazul has, however, remained unmoved nor no action has been taken against him from the state employer.
Ombudsman wanted him out for abuse of office serving the board on forged academic papers.
The commission held that he lacks prerequisite professional and work experience.
Other than being barred from holding public office, the commission also asked the DCI to institute probe into the forged documents.
On December 16, 2016, the EACC forwarded a report to the DPP on administrative action against Fazul over claims he was not qualified.
On January 4, DPP Keriako Tobiko returned the file to the commission recommending further investigations.
In a gazette notice dated March 31, the commission said it had finished its inquiry into the allegations.
"Investigations revealed that by the time the CEO was being appointed, he did not have a degree certificate which was a basic requirement for the position," EACC said.
"[This meant] he was not qualified for the position during the time of his appointment."
The anti-graft agency said it sought to obtain the forged certificate Fazul presented but that it was untraceable.
An NGO Board executive director is required to have served 10 years in public service and be a holder of a masters degree.
The candidate is supposed to be recruited competitively.
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