Petition challenging appointments of 128 people to be heard on Thursday – KBC

A petition challenging the appointment of 128 Chairpersons and members of boards to various state corporations and agencies shall now be heard on 27^th May 2021.

The petition filed by Katiba institute and Africa centre for open governance is challenging the selection and appointment by the President and members of his Cabinet of persons for the positions of chairpersons or members of boards to various state corporations and agencies on the basis that the mandate to select and appoint persons to those positions is reposed in the Public Service Commission (PSC) which has to do so based on the values and principles provided for in Articles 10 and 232 and Section 10 of the Public Service (Values and Principles) Act.

It seeks to invalidate provisions of the law that purportedly give power to the President and his Cabinet Secretaries to make such selection and appointments, as well as declaration that any such selection and appointment must be based on principles of fair competition and merit and that the process leading to such selection must be transparent and accountable.

Through their lawyer Lempaa Suyianka, the petitioners claim the appointments made in June 2018 were illegal and an affront to the constitution and the rule of law.

“No advertisements or communication were made to members of the public of the existence of the positions; no interview process was carried out and – even worse, and without prejudice to the ground on the peremptory requirements of transparency, merit and competition – there is nothing on record that those appointed to the various positions are competent to discharge the functions of the respective offices,” The petition argues.

The petitioners now also want the Court to restrain the interested parties from assuming, continuing in or in any other way performing the functions of their respective offices pending the hearing of the application.

They have further urged the Court to grant orders restraining the interested parties or their agents from accruing any financial benefits of any kind, including salaries and allowances; equipment including vehicles, office space and stationeries in their respective offices pending the hearing of the Application inter-parties and Petition.

The petitioners are challenging the appointments of Gen Julius Karangi as the Chairperson of NSSF, Michael G Waweru as Chairman of the Kenya Railways Corporation, Joseph Raymond Kibwana as Chairman of Kenya Ports Authority, Mudzo Nzili to the NHIF Board and Elias Busienei as council member Kenya Leather Development Council among others.