Former Principal Secretary Mary Kimonye can breathe a sigh of relief after the High Court dismissed a petition challenging her appointment as the Vice Chairperson of the Public Service Commission (PSC), including that of three other commissioners.
In the ruling delivered on Tuesday, August 12, Justice Bahati Mwamuye found that the petition, filed by Nakuru-based doctor and activist Magare Gikenyi, had failed to prove the infringement, irrationality, or procedural impropriety in Kimonye’s appointment.
“This court does not sit in judgment over the wisdom of appointments, but only their legality,” ruled Justice Mwamuye, adding that there was no evidence of any constitutional or legal violations in the selection process.
“In this case, the petitioners have not demonstrated infringement, irrationality, or procedural impropriety. Accordingly, and for the reasons set out above, this court finds that the petition dated January 17, 2025, lacks merit and is hereby dismissed, with no orders as to the costs. Orders accordingly,” the judge ruled.
In his petition, Gikenyi had argued that Kimonye, who was once the Public Service Principal Secretary, and her fellow appointees Boya Molu, Irene Asienga, and Francis Meja were unqualified.
Gikenye contended that President William Ruto’s decision to appoint the four contravened the Constitution.
“The Public Service Commission plays a critical role since it is in charge of the entire public service and as such, it should be constitutionally and lawfully constituted and should not be tainted with any unlawfulness and unconstitutionality at all, and neither should it be composed of politicians and ethnic bigotry,” read Gikenyi’s petition.
Gikenyi argued that the appointment of Kimonye was wrong because she is from the same ethnic community as the chairman, Anthony Mwaniki.
As for Asienga and Molu, Gikenye said they were ineligible, as they had served six-year terms as commissioners of the Commission for Revenue Allocation (CRA) and the Independent Electoral and Boundaries Commission (IEBC), respectively, thus making them ineligible for appointment in another Commission.
For Meja, Gikenyi argued that he was not qualified for the job, as he is a member of the United Democratic Alliance (UDA) party and even participated in its activities, campaigning for Ruto’s party in the last general elections.
The petitioners pointed out that all the appointments are to take effect at the same time, while there are two members in office.
“That despite the foregoing, the appointments made by the President also violate Section 11(2) & (3) of the PSC Act, which require that the terms of persons appointed shall not lapse at the same time,” the petition stated.
Speaking to Kenyans.co.ke after Mwamuye issued the ruling, Gikenyi disputed the decision, adding that he would take up the matter with the Court of Appeal. The doctor argued that Mwamuye had not correctly applied the law in issuing the ruling.
“We are going to appeal the decision to the Court of Appeal. The judge did not correctly apply the law in the ruling. We will contend this and present our case to the Court of Appeal,” he asserted.
