High Court Issues Conservatory Order on Preservation of Documents for CS Appointments

Nairobi Law Courts
A photo of the statue outside the Nairobi Law Courts
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Judiciary

The Nairobi High Court on Friday issued a conservatory order for the preservation of all documents related to the nomination of cabinet secretaries following a petition jointly filed by the Kenya Human Rights Commission (KHRC) and an activist Wanjiru Gikonyo.

In the order, the High Court through Judge Bahati Mwamuye directed the Attorney-General and the National Assembly to collect and preserve all documents related to the nomination, vetting and appointment of the cabinet secretaries, all of whom have since assumed their respective offices.

"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 in part.

Left to right: CS nominees Opiyo Wandayi, Kithure Kindiki and Aden Duale.
Left to right: CS nominees Opiyo Wandayi, Kithure Kindiki, and Aden Duale.
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The newly appointed cabinet secretaries took the oath of office on Thursday, August 8. 

In their application on Thursday, KHRC and Wanjiru Gikonyo argued among other things that the entire vetting process lacked adequate public participation. 

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.

The Kenya Human Rights Commission also cited integrity issues affecting some of the appointees as grounds for filing the petition.

The new conservatory order is likely to mar the appointment of the cabinet secretaries and the attorney general. Parties to the case shall appear for further orders and directions on August 18, 2024.

Already, a host of activists opposed to the nomination and vetting of the cabinet secretaries moved to court seeking to overturn the appointments.

President Ruto, in the recent past, asked Kenyans to support his government pointing to the formation of a broad-based government as a good reason why Kenyans should support him.

“I ask citizens of our great nation to give a chance to these great men and women in this new Cabinet and to support them to deliver the mandate that has been given to them constitutionally,” Ruto said during the swearing-in ceremony of Cabinet Secretaries at State House, Nairobi, on Thursday.

After the unprecedented dissolution of the entire Cabinet, Kenyans welcomed the move hoping for a reform and nomination of new faces into the cabinet. 

As it stands, with the petitions filed, Kenyans are not seemingly satisfied with the vetting process of the cabinet secretaries.

County Hall Chamber hosting the interview of PSs.
County Hall Chamber hosting the interview of PSs.
KBC