President Uhuru Kenyatta’s Appointment of 128 Parastatal Heads Has Been Declared Unconstitutional By The High Court.

by Lawyer Wanz

A three-judge bench of the High Court declared that the appointments, which featured key political losers and former government officials, were made in an opaque manner, therefore invalidating them.

Some of the prominent names in the appointments made in June 2018 included Retired Chief of Defence 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 other individuals.

“People of Kenya desired that parastatal appointments must be competitive, fair and transparent considering persons with disabilities and Kenya’s diverse communities,” the court ruled.

The ruling was made following a case filed by Katiba Institute and the Africa Centre for Open Governance (AfriCOG) who sued the State over the appointments saying that the law was not followed.

According to the court, the appointments should be made in a transparent manner which includes declaration of vacancies and interviews to give all Kenyans a fair chance.

The Court also invalidated various post-2010 Statutes which allow appointments to parastatals without requiring fair competition or merit.

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