The selection of 51 persons by President William Ruto for vetting and approval by parliament as Principal Secretaries (PSs) has been challenged in court over alleged lack of inclusivity and regional balancing.
Activist Fredrick Bikeri has urged the High Court to stop the submission of the proposed names for vetting and approval by the National Assembly pending the determination of the case.
“The said list of persons appointed to the rank of Principal Secretaries does not reflect nor ensure gender balance, regional balance, tribal balance, inclusivity of the marginalized, contrary to the tenets of good governance as demanded by Articles 10, 54, 55, 56 and 57 of the Constitution of Kenya 2010,” states the certificate of urgency filed at the Milimani High Court by Mr Bikeri.
“That pending the hearing and determination of this petition, a conservatory order be issued restraining and or barring the National Assembly from processing, vetting or in any way proceeding, processing for nomination of the 1-52 interested parties herein a PSs as communicated vide a press release dated November 2, 2022 by one Felix K Koskei,” states Mr Bikeri in the document before the court.
In the suit , Mr Bikeri states the actions of President Ruto in nominating persons who are “seemingly close to him in exclusion of those perceived to be in opposition does not reflect his essence as a symbol of national unity.”
In his pleadings, Mr Bikeri accusses the President of failing to nominate a Cabinet Secretary and PS from Nyamira County.
“Nyamira County has not gotten any slot(s) in the proposed nominations which is a clear departure from the principal of inclusivity and good governance envisaged in Artilce 10 of the Constitution of Kenya 2010.”
Bikeri ascerts, unless the impugned list is constituted according to the dictates of the constitution, it may lead to misuse of resources contrary to Article 201(d).
The current trend, the court has been told seems to be favoritism in public office nominations.
“The exclusion of some areas in the impugned nominees leads to ethnic marginalization, which is unfair labour practice contrary to Article 41 of the Constitution as read together with Section 5 of the Employment Act of 2007.
“Once the nominees are vetted and approved, they are supposed to serve all Kenyans regardless of their tribal or political inclinations but their mandate would have been better if they are made, considering regional balancing and tribal inclusivity.”
Mr Bikeri avers the nominations done by President Ruto are a complete departure from values and principles of public service.
He, thus, urges the court to certify the case as urgent and grant the reliefs sought of rejecting the list.
Mr Bikeri is pressing for a conservatory order to stop Parliament from receiving and processing the list of nominees.
