Image: PSCU
The vetting and approval of Permanent Secretaries now lie in limbo after a Nairobi resident filed a petition at the Milimani Law Court seeking to halt the process.
The petitioner, Frederick Kiberi argues that the list of PS nominees unveiled by President William Ruto does not reflect nor ensure gender, regional, and ethnic balance and inclusivity of the marginalized communities.
"The said list of persons appointed to the rank of Principal Secretary does not reflect nor ensure gender balance, regional balance, tribal balance, inclusivity of the marginalized, contrary to the tenants of good governance as demanded by articles 10, 54, 55, 56 and 57 of the Constitution of Kenya 2010," read part of the petition seen by Kenyans.co.ke.
Through lawyer Danston Omari, Bikeri argues that the nominations do not depict national representation including but not limited to the youth, people with disability, the marginalized, and the elderly.
"That particularly the Kisii Community and particularly from Nyamira County has not gotten any slot(s) in the purported nominations which is a clear departure from the principle of inclusivity and good governance envisaged in article 10 of the Constitution of Kenya 2010, " read the court papers
The petition further reads that; "Once approved, the Interested Parties are expected to serve all the citizens of Kenya regardless of the tribal or political inclinations whose mandates can only be made better of a regional balance and tribunal inclusivity is done,"
Bikeri argues that the approval of the nominees may lead to autocratic governance, exclusions of all concerned parties and as a result loss of public confidence to the detriment of many other communities in the country.
President Ruto on November 2 unveiled a list of 51 Principal Secretary nominees he wants to head various state departments.
That list was forwarded to Parliament for vetting which is scheduled to commence on Monday, November 14.
The petitioner pleaded with the court to certify his application as urgent.
"Pending hearing and determination of this application, conservatory orders be issued barring Parliament from receiving the list of nominees for vetting," Bikeri said in his affidavit.
All the nominees have been listed as respondents alongside the Attorney General and the National Assembly.
The petition was filed days after the Law Society of Kenya (LSK) through its president Eric Theuri wrote to the Public Service Commission (PSC) demanding the final list of qualified PSs that was forwarded to President Ruto.
"We hereby request to be supplied with the above-mentioned list so that we may interrogate it and take any necessary action accordingly. Kindly provide the said information within the next 48 hours in view of the public interest in this matter," Theuri stated.
Ruto is also battling a court case, challenging the positions of Cabinet Administrative Secretaries, even though PSC went ahead to advertise the vacancies and conducted interviews.
