Nakuru-based Doctor Benjamin Magare-Gikenyi has moved to the High Court to quash the appointment of four commissioners of the Public Service Commission (PSC), arguing that they were not qualified for the jobs.
The medic, together with lawyer Eliud Matindi, says the appointment of PSC Vice Chairperson Mary Kimonye and commissioners Boya Molu, Irene Asienga and Francis Meja was made in contravention of the Constitution.
“Public Service Commission plays a critical role since it is in charge of the entire public service and as such, it should be constitutionally and lawfully constituted and should not be tainted with any illegality and unconstitutionality at all and neither should it be composed of politicians and ethnic bigotry,” Dr Magare-Gikenyi says in the petition.
High Court judge Bahati Mwamuye on Tuesday directed the petitioners to serve the court documents on the commissioners, Attorney-General Dorcas Oduor and Parliament.
He fixed the case to be mentioned on March 4, for directions.
Dr Magare-Gikenyi said the appointment of Ms Kimonye as the vice chairperson was wrong because she is from the same ethnic community with the chairman Mr Anthony Mwaniki.
As for Dr Asienga and Mr Molu, the petitioners said the duo were ineligible as they had served six-year terms as commissioners of Commission for Revenue Allocation (CRA) and Independent Electoral & Boundaries Commission (IEBC), respectively.
“The two individuals (Dr Asiega and Mr Molu) are not eligible and hence unqualified for appointment as commissioners of PSC since they have previously served as members of a commission, for a single constitutional term of six years and therefore they are not eligible for re-appointment,” Dr Magare-Gikenyi said.
He added that Mr Meja was not qualified for the job as is a member of the United Democratic Alliance (UDA) Party, and even participated in the activities and campaigned for President William Ruto’s party in the last general elections.
The petitioners also pointed out that all the appointments are to take effect at the same time while there are two members in office.
“That despite the foregoing, the appointments made by the President also violate Section 11(2) & (3) of the PSC Act which require that the terms of persons appointed shall not lapse at the same time,” the petition stated.
Dr Magare-Gikenyi said that despite the outright illegalities and unconstitutionalities, President Ruto appointed eight persons (vice chairperson and seven members) yet there were only seven vacancies (vice chairperson and 6 members).
“This makes the total number of members to be 10 contrary to the constitutional number of 9 as per article 233(2) of the Constitution,” he said in an affidavit.
The petitioners said the actions of the President and the National Assembly are manifestly unconstitutional and promotes impunity, illegalities and irregularities and are against constitutionalism and the rule of law.
