A case contesting the President’s appointments of state corporations heads has been referred to Chief Justice David Maraga for constitution of a bench to hear it.
The case was filed by Katiba Institute and the Africa Centre for Open Governance.
Justice Chacha Mwita (pictured) said, “This in my view, is an issue of substantial point of law under Article 165(4) that should be settled so that it is clearly known who has the mandate or authority to make the appointments.”
“I direct that this file be placed before the Honourable Chief Justice to consider empanelling a bench to hear the petition.”
In their suit papers, the two organisations had raised legal questions on who between the President, Cabinet Secretaries and the Public Service Commission has the legal mandate to appoint chairmen and board members of state corporations.
They also asked whether members of the public should participate during these appointments as required by the Constitution.
The reliefs sought may have far-reaching consequences and were the case to succeed it would lead to invalidation of more than 100 provisions of a number of statutes.
Katiba Institute further argued that the outcome will also affect very many people serving as chairmen or board members and those waiting for appointments or renewal of their terms.
And in the event the court found that the appointments are invalid, it would still have to decide what appropriate remedies to grant, including whether to invalidate the appointments or give timelines for the government to comply.
By ANNETTE WAMBULWA @wambulwaannette – The Star Newspaper 13th April 2017