Cabinet Secretaries (CSs) who took oath of office on Thursday August 8 now face a fresh hurdle following a petition challenging their appointment by President William Ruto that has been filed by the Kenya Human Rights Commission (KHRC).
KHRC on Friday said that it has filed a case at the High Court of Kenya seeking to revoke the appointment of the 19 CSs appointed by President Ruto who were sworn in after being approved by Members of Parliament (MPs) on Wednesday, August 7, 2024.
President Ruto gazetted the appointment of 19 CSs in their respective dockets in line with Article 152 (2) of the Constitution.
However, the President now faces a headache following the petition by KHRC and Wanjiru Gikonyo who cite that the vetting process that led to the approval by MPs failed to address integrity concerns, lacked adequate public participation, among other issues.
“A DECLARATION that the conduct of public participation by the National Assembly during the vetting process of the Cabinet secretary nominees fell short of the requirements of the Constitution and the law.
“AN ORDER for the revocation of the appointments. AN ORDER for mandamus directing the President to initiate a fresh appointment process in compliance with the Constitution,” reads part of the petition.
The petitioners cite lack of proper vetting during the process of approval pointing out that proper vetting is crucial to ensure that individuals appointed to significant positions, such as CSs, meet the necessary qualifications, integrity standards, and legal requirements.
KHRC Claims Fault on Vetting of CSs
According to the petitioners, the vetting was faulted for alleged incomplete evaluation, failure to address integrity concerns, and inadequate public participation.
“The vetting process failed to assess all relevant aspects of a candidate’s background, qualifications, and suitability for the role. This led to the appointment of individuals who, for example, were not subjected to full financial probity,” the petition reads in part.
“Proper vetting should include a thorough review of a candidate’s ethical conduct and integrity. These aspects were not adequately considered and hence individuals with potential conflicts of interest or questionable ethics were appointed, which can compromise the effectiveness and credibility of the office.”
Also Read: Ruto’s Full Speech During Swearing-in of CSs at State House
On the other hand, KHRC said that the process lacked parliamentary accountability, saying that the House received memoranda that were never disclosed to the public in advance.
The petitioner further argues that the criteria for the memoranda’s acceptance or rejection were determined in secrecy, without public accountability.
Regarding the rejected memoranda which saw Gender CS nominee Stella Soi Lang’at’s nomination fail to be approved, KHRC argued that Parliament did not give the Lang’at an opportunity to address any concerns.
Public Participation & Integrity Concerns
At the same time, KHRC cited insufficient public participation during the approval process, highlighting that the period allocated for public participation was brief, hampering meaningful appreciation and civic engagement.
Also Read: Fresh Hurdle for Govt as Kenyan Moves to Court Over JKIA Upgrade Deal
“The reasons regarding the memoranda were communicated to the public on August 7, 2024, with the swearing-in occurring the following day on August 8, 2024. This timeline effectively prevented the public from thoroughly examining the Appointments Committee Report and exercising their civic rights if they disagreed with its findings,”
In addition, the petition by KHRC highlighted that the criteria for selecting candidates were not provided to the public beforehand, leaving the public unaware of the factors that guided the decisions of the National Assembly’s Appointments Committee.
Integrity concerns were also faulted with the petitioners citing an earlier incident where the Ethics and Anti-Corruption Commission (EACC) through a letter dated 31st July 2024 to the Director of Public Prosecutions, raised integrity concerns about Cooperatives CS Wycliffe Oparanya.
“A DECLARATION that the concerns on integrity raised by the Ethics and Anti-Corruption Commission enjoy normative and consequential importance with regards to any nomination or appointment exercise and as such, cannot be ignored by any decision maker”
The petition ropes in the office of the Attorney General and the National Assembly as respondents while the Law Society of Kenya (LSK), Transparency International Kenya and all 19 appointed CSs are interested parties.
Follow our WhatsApp Channel for real-time news updates!
https://whatsapp.com/channel/0029VaB3k54HltYFiQ1f2i2C
