Court Nullifies 128 Parastatal Appointments Made by President Uhuru
The High Court has nullified the appointment of 128 heads of parastatals by President Kenyatta.
A three-judge bench declared the appointments made in 2018 unconstitutional, saying they were made in an opaque manner.
The list featured key election losers as well as former government officials.
They included retired Chief of Defense Forces Gen. Julius Karangi, former Kenya National Union of Teachers chairman Mudzo Nzili, former Mombasa gubernatorial candidate Suleiman Shabhal, former governors Benjamin Cheboi (Baringo), Doyo Godana (Isiolo), among others.
“People of Kenya desired that parastatal appointments must be competitive, fair and transparent considering persons with disabilities and Kenya’s diverse communities,” the three judges ruled.
The ruling followed a case filed by Katiba Institute and the Africa Centre for Open Governance (AfriCOG). The petitioners challenged the appointments, arguing that the law was not followed.
The court ruled that government appointments should be made transparently, including the declaration of vacancies and interviews to give all Kenyans a fair chance.
Various Statutes that allow appointments to parastatals without requiring fair competition or merit were also nullified by the court.
Comments (11)
I applaud the courts for this ruling. Some people believe the own the country and run it like their homestead. It’s about time they send me useless clown back to gatundu..
I think these Judges are going overboard with their rulings. What specific section of the Constitution was violated? They did not say in their ruling. Judges are supposed to follow the law as it is, not to make laws. Next they will say who should actually be appointed. The AG should appeal this ruling.
because you are a graduate in law and understand better?
If you studied History and Government in High School, you don't need a law degree to know the three arms government, and their specific roles. Legislature, or Parliament, makes the laws. The Executive, or the President and his Government, implements them. If there is a dispute as to whether the laws, as enacted by Parliament, or written in the Constitution, are being followed, then you go to Court, for a Judge to decide. When Judges decide a case, they swore to follow the law, and not populist sentiments. Uhuru's appointments may have been unpopular to the general public, but he broke no law by appointing them. The Judges are required by the same law to specifically state in their judgement which law was broken, either in the Statutes, or in the Constitution, which they have not done in this case. If they don't state the law that they are following, as in this case, it means that they are making it up... Which is not their work, but that of Parliament. My take? The difference between a Republic and a banana Republic is that in the former, laws are followed, regardless of consequences, while in the latter, it is 'mob justice' and populism that prevails. I don't believe Kenya is a banana Republic. Judges don't make rules. Their role is simply to check whether the rules made by Parliament are being followed.
Follow the law, or change it, if you don't like it. It is that simple.
Great. At least the courts are doing their job.. Please keep it up.
Kenyans are watching.
Why wait until the man is almost out of office to get this ruling? Justice delayed is justice denied!!
Exactly!....the case is benched 3 years ago and now it's the right moment to fit the judgement since the big cat is now focusing on newly life out of the office soon
Ouru gone rogue like Mobutu tetemeko. He's being contained lately
All this is retaliation coz UK has been showing contempt to court rulings... The judges are feeling belittled and hence revenge is what they serve wajiskie pia wako. Fair game me thinks.... lakini Wanjiku maskini ndie anauma moto. God have mercy!
Quash everything this Mlevi has done lately remember he is on the way out thus the propensity to steal and give favors is very high considering he wants to change the constitution so that his family can continue accumulating wealth.We still pay his mother atleast close to half a million shillings each month because she was the widow of his father not forgetting he had other wives what does somebody over 80 years old need all that money for.I guess if these courts can obliterate this BBI shit only then will I believe they are serious by checking him technically cut him down to size surely he is out of control