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Katiba Institute Article

Appointment of 128 parastatal heads in 2018 declared unconstitutional by the High Court.

Appointment of 128 parastatal heads in 2018 declared unconstitutional by the High Court.

Court holds that parastatal appointments must be fair, open, and competitive to give all Kenyans a fair chance. Court also finds that the 2018 posts were not advertised or interviews conducted. Gender, ethnicity, and disabilities not considered.

Court also nullified post-2010 statutes (like the NSSF Act) which do not require merit and fair competition in parastatal board appointments. The court also directed that all pre-2010 statutes must be read as requiring merit and fair competition in parastatal appointments.

Kenyans “desired that appointments be made in
an open, transparent and inclusive manner taking into account, the marginalized and people with disabilities. They deserve no less. They are entitled to their wish as a matter of right and not privilege. It is a constitutional compulsion”

Download the judgment here