The Ministry of Information and Communications on Wednesday suffered a huge blow after the high court blocked nine appointees from assuming office over claims of regional imbalance.
Justice John Mativo issued a conservatory order prohibiting persons appointed to the boards of Postal Corporation of Kenya and Tana and Athi River Development Authority (TARDA) by Cabinet Secretary Joe Mucheru on May 3.
"Pending the hearing and determination of this case, a conservatory order be and is hereby issued prohibiting the appointed persons from assuming offices for which they have been appointed by the CS in terms of gazette notices 4334 and 4359," Justice Mativo stated, adding that the matter will be addressed on a priority basis.
This comes after a lobby consisting of lawyers dubbed Chama Cha Mawakili filed a petition at the high court challenging the appointments.
Through lawyer Paul Ogendi, the group argued that the country was at risk of disintegration due to the ethnic imbalance in state appointments and wanted the court to intervene to help marginalised communities get a share of their right.
The lawyers submitted that the appointments did not reflect the face of Kenya and did not satisfy the constitutional requirement of ethnic and regional balance.
“The constitution is very clear about regional balance in state appointments. You cannot have a country with over 40 ethnic communities but only one community is getting the lions share in senior positions in the government,” Ogendi stated.
According to Ogendi, the domination of state appointments by the bigger communities was in disregard of other small communities, who also have capable people to occupy the positions.
Those appointed to the Postal Corporation included Mike Rubia, Fred Gachie Ngángá, Munyua Waiyaki, Simon Kiuta, Pauline Muthangani.
Those selected to join TARDA included Robert Murimi, Jane Muriithi Githinji and Ndogo Waweru.
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