Big blow for President Ruto’s PS Nominees

by Lawyer Wanz

The Employment Court has prolonged the last week’s decisions that barred the PS nominees from being vetted.

The injunction has been prolonged till next Tuesday, when Justice Nduma Nderi will render a decision on the jurisdictional issue brought up by the National Assembly.

The National Assembly pleaded with the court on Monday morning to set aside the orders by Justice Nzioki Wa Makau but the judge declined their request.

The National Assembly argued that, according to the law, if the 51 nominees are not vetted within 28 days then they will automatically be sworn into office.

This was vehemently opposed by the LSK and the other petitioners.

According to this law, if the National Assembly delays vetting then the nominees will be automatically sworn into office. However, the petitioners argue that that law cannot apply in this case because it’s not the National Assembly that delayed but it’s the court that has stopped the vetting.

Last week, Justice Nzioka Wa Makau issued an order stopping the vetting process.

“A conservatory order is hereby issued restraining and barring the National Assembly from receiving or if already received, barring the processing, vetting or in any way proceeding or processing the nomination for appointment of the 51 nominees as PSs,” the order read.

In the case, the Law Society of Kenya has challenged the list of nominees, arguing that it lacks gender balance, tribal balance and regional balance.

“On the impugned list of 51, 13 are Kalenjin from Rift Valley, 13 from Central Kenya which is to the detriment of the other 40 tribes and communities in Kenya,” reads court documents.

Through lawyers Stephen Muli and Kevin Walumbe, LSK argues that the list disregarded 426 qualified candidates for the position.

“The composition of the list of 51 nominated for approval was after disregarding and ignoring other 426 candidates who were qualified and some would have been nominated to meet the constitutional dictate for regional balance, gender equality, youths and people living with disabilities,” the application reads

LSK says there is no justification whatsoever why the list of nominees does not depict the National Representation.

The legal body further argues that the list of nominees currently being vetted has been discriminatory and in total disregard for the law.

“The people of Kenya will be adversely affected in their capacity and collectively as an organization working with an executive that does not reflect the face of Kenya,” they argued.


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