Together with the Africa Center for Open Governance, we have presented a petition to the High Court of Kenya seeking to challenge the constitutionality of appointment of various individuals to be members and chairpersons of various Boards of government parastatals.
We will be seeking to get the court’s interpretation on whether the actions of the President and his Cabinet Secretaries in making the selections and appointments which are contained in Kenya Gazettes of 11th March 2016 Vol. CXVIII – No. 23; of 18th March 2016 Vol.CXVIII-No.28; of 10th June 2016 Vol. CXVIII—No. 62; of 17th June 2016 Vol. CXVIII—No. 66; of 24th June 2016 Vol. CXVIII—No. 70; and of 1st July 2016 Vol. CXVII—No. 72, was constitutional. We believe that they had no legal authority to make such selections and appointments and hence acted in excess of their powers and encroached on the powers of the Public Service Commission. The constitutional Articles violated include 2(2) and 2(4) as well as the rule of law principle in Article 10 and 232 of the Constitution. Further violations touch on transparency, fair competition and merit as the basis of appointments and promotions; representation of Kenya’s diverse communities; and affording adequate and equal opportunities for appointment, training and advancement, at all levels of the public service, of––
(i) men and women;
(ii) the members of all ethnic groups; and
(iii) persons with disabilities.
The petition seeks among other declarations an Order quashing all those appointments specified in Paragraphs 10-35 in this Petition and The Petition seeks to invalidate numerous regulatory instruments that purportedly give the President and members of his Cabinet powers to make such appointments. The Petition also seeks to nullify appointments to state corporations illegally and irregularly made and further seeks to have the Attorney General review all the laws relating to the appointments of chairpersons and board members of state corporations that are unconstitutional and to bring them to the attention of Parliament for amendments or repeal.