Former Radio Africa Group journalist, Albert Nyakundi Bichanga, has petitoned the Milimani Law Courts to stop the recruitment of Principal Secretaries (PS) which is already underway.
Nyakundi, who was previously attached to the Star Newspaper, argued that the advertisement for Principal Secretaries by the Public Service Commission (PSC) was discriminatory.
He cited the ten years of professional experience required, arguing that it locked out competent individuals who would have equally qualified for the role.
"This means applicants who have no experience at all or have experience of between 1 to 9 years professional experience and less than five years in top leadership or management are not eligible despite having other relevant qualifications," the petition by the investigative journalist, filed on Tuesday, September 27, read in part.
He further argued that the condition to compel applicants to present Higher Education Loans Board (HELB) and Good Conduct certificates other requirements was unconstitutional.
According to the documents in court, the requirements listed by PSC do not conform with the country's legal framework.
Nyakundi accused PSC of delegating some of its duties to other bodies, including HELB, the Directorate of Criminal Investigations and the Ethics and Antic Corruption Commission (EACC).
"Any attempts to delegate that to EACC and DCI among others, is an exercise in futility; it is just hot air," he argued.
Further, Nyakundi detailed that PSC failed to disclose the number of vacant positions, therefore, making the application process less competitive.
"The advertisement was misleading and purported to usurp Presidential Powers on appointment. This is because the commission gave requirements for appointment as a principal secretary instead of requirements for application for the post of a principal secretary," he argued in his affidavit.
"The commission can only give requirements for application for the post of a Principal Secretary because appointment of a PS is a preserve of the president. President's decision on who to hire cannot be determined by the Respondents(PSC)," the petition added.
The investigative journalist thus pleaded with the court to nullify the advertising and recruitment of Principal Secretaries on the grounds that it violated the Constitution's provisions.
The PS are critical in President William Ruto's government as they work in tandem with Cabinet Secretaries to deliver on the government agenda.
The appointment of Principal Secretaries will complete Ruto's government structure, setting it for its five years tenure.