The High Court has dealth a blow to President William Ruto after declaring his Executive Orders, which sought to change the public hiring process and introduce new guidelines on the management of board members and staff in state corporations, null and void.
This follows a case filed by the Law Society of Kenya (LSK) in 2024, in which it was argued that the President’s order violated the Constitution by bypassing the Public Service Commission (PSC).
The LSK's petition challenged Executive Order No. 3 of 2024, which introduced new hiring and management guidelines for board members and staff in state corporations.
The society argued that these guidelines effectively bypassed the PSC, whose role is to regulate the public service under the Constitution.
In his order, Ruto directed state corporations to seek approval from the Cabinet Secretary and the State Corporations Advisory Committee for staff recruitment, appointments, transfers and terms of service.
According to LSK, this undermined the PSC's constitutional mandate under Article 234, potentially allowing political interference in hiring decisions intended to promote merit, professionalism, and independence.
The society argued that the guidelines, published in Gazette Notice No. 6265 on 24 May last year, allowed the State Corporations Advisory Committee and Cabinet Secretaries to decide on appointments, transfers and conditions of service.
The society maintained that these powers are constitutionally assigned to the PSC and cannot be assumed by any other body or person. It asked the court to declare the order and the related guidelines unconstitutional and void.
Additionally, it also wanted a confirmation that state corporations and public universities fall under PSC oversight.
Justice Lawrence Mugambi, in his judgment, ruled that the PSC alone has the authority to establish offices, appoint or remove public officers, and review terms of service, adding that even the President cannot override this mandate.
“Any attempt to give away the specific constitutional functions assigned to the Public Service Commission other than by way of delegation envisaged in Article 234 (5) of the Constitution is indefensible,” the judge said.
At the same time, Mugambi pointed out that any decisions affecting remuneration and benefits of public officers must involve the Salaries and Remuneration Commission (SRC), a step that was ignored in the implementation of the Executive Order.
As a result, the court quashed the order and the guidelines issued under it by the President, declaring all related appointments and terms of service for board members and staff of state corporations null and void.
