A petition was filed beforehand by the Kenya Human Rights Commission (KHRC) and public activist Wanjiru Gikonyo seeking the nullification of the appointments of all 19 CSs
The High Court in Nairobi on Friday, August 9 issued a conservatory order to the Attorney-General and the National Assembly regarding documents related to the nomination, vetting, and appointment of Cabinet Secretaries (CS) by President William Ruto.
This comes after a petition was filed beforehand by the Kenya Human Rights Commission (KHRC) and public activist Wanjiru Gikonyo seeking the nullification of the appointments of all 19 CSs who were sworn in during a ceremony at State House, Nairobi.
In the order, the High Court through Judge Bahati Mwamuye tasked the two aforementioned parties to obtain and preserve all documents related to the nomination, vetting and appointment of the CSs, who have since assumed their respective offices.
Collage of Cabinet Secretaries formally from the opposition taking their oath on August 8, 2024. /PCS
“Pending the inter-parties hearing and determination of the Application dated August 8, 2024, a conservatory order be and is hereby issued requiring the 2nd Respondent (the National Assembly) and any other State or public office or agency involved in or which participated in the nomination, vetting and appointment of the Cabinet Secretaries sworn into office on August 8, 2024, to collect and preserve all documents and records related to the nomination, vetting and appointment of the Cabinet Secretaries sworn into office on August 8, 2024,” read part of the court order.
The CSs were sworn in on August 8 after being subjected to rigorous vetting by the National Assembly Committee on Appointments, a vetting process KHRC and Wanjiru Gikonyo disagreed with.
The petition named the Attorney general and the National Assembly as respondents, while the Law Society of Kenya, Transparency International Kenya and the newly appointed cabinet secretaries were listed as interested parties.
The petitioners argued that the vetting and appointment process violated the Constitution of Kenya 2010, particularly concerning public participation and integrity standards. The petition relied on several provisions of the constitution, including Articles 10, 73 and 118, which uphold these standards.
The KHRC and Gikonyo raised several critical issues, including a lack of accountability during the vetting process and the failure to adequately address integrity concerns.
They further contended that the criteria used by the National Assembly’s Appointments Committee to assess the nominees were not disclosed to the public in advance, thereby limiting the public’s ability to provide meaningful input.
For instance, the petitioners pointed out Cooperatives Cabinet Secretary Wycliffe Oparanya’s existing case with the Ethics and Anti-Corruption Commission (EACC) as a case in point.
According to the petition, the Appointments Committee received 813 memoranda from the public regarding the suitability of the nominees. However, 656 of them were rejected on procedural grounds as they were not sworn under oath as required by law.
The petitioners argued that the National Assembly prioritized procedural technicalities over the substance of public submissions and did not allow those whose memoranda were rejected an opportunity to address the concerns raised.
The KHRC also criticized the rushed nature of the swearing-in ceremony, which took place on Thursday, just one day after the release of the Appointments Committee’s report, arguing that this left the public with insufficient time to review the report and exercise their civic rights if they disagreed with the committee’s findings.
The petition sought several declarations from the High Court, including that the vetting process did not meet constitutional requirements for public participation and that the appointments themselves were illegal and unconstitutional.
The petitioners also requested an order for the revocation of the appointments and for President Ruto to initiate a fresh appointment process that complies with the Constitution.
The new conservatory order is likely to mar the appointment of the CSs and the Attorney General. Parties to the case shall appear for further orders and directions on August 18, 2024.
President Ruto on Monday held a meeting with the newly appointed Cabinet Secretaries alongside Principal Secretaries at State House, Nairobi, calling on them to focus on the implementation of government programs that would change the lives of Kenyans.
President William Ruto speaking at the joint session of Cabinet and Principal Secretaries at State House, Nairobi on August 12, 2024. /PCS