Lobby Groups Want Uhuru’s State Appointments Quashed

by Mahakamani News

Two lobby groups have moved to court to challenge the recent appointments made by President Uhuru Kenyatta in various positions in state corporations.

The lobby groups; Katiba Institute and Africa Centre for Open Governance (AfriCOG), want the court to invalidate the appointments of the 128 persons saying they were made without legal authority and in violation of the law.

They further argue that the appointments by President Uhuru Kenyatta and the Cabinet Secretaries were unconstitutional because they failed to comply with the requirement of section 7 of the sixth schedule.

“Pending the hearing and determination of the application inter-parties an order be issued restraining each of the following persons appointed to the various positions via Gazette Notice from assuming, continuing  in or any other way performing their functions, ”reads court documents.

In a certificate of urgency filed on Monday at the Milimani Law Courts, the groups argue that there were no advertisements or communication made to the members of the public of the existence of the positions.

They also state that there was no interview process carried out before the appointments.

“There is nothing on record that those appointed to the various positions are competent to discharge the functions of the respective offices,” adds court documents.

Through lawyer Lempaa Suyianka, the lobby groups said that the appointments to state corporations and agencies is an affront to the constitution.

They argued that, if orders are not granted, then the rule of law would be in jeopardy and that the president and Cabinet Secretaries would continue to make illegal appointments to state corporations and agencies.

Those appointed to serve in different departments have been named as interested parties in the case.

Among the appointments, which were made early last month, were retired General of Defense Forces Julius Karangi as Chairman of the Kenya Ports Authority, and former IEBC Vice-Chairperson Lilian Zaja who was appointed to the position of Commissioner of Energy Regulatory Commission (ERC) among others.

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