The Employment Labour Relations Court (ELRC) on Tuesday, November 15, issued orders restraining the National Assembly from vetting Permanent Secretaries (PS) nominated by President William Ruto.
According to court orders seen by Kenyans.co.ke, Justice Nzioki Makau ruled that the process be suspended until the hearing and determination of the application slated for Monday, November 21.
Justice Nzioki barred the Principal Secretary nominees from appearing before Members of Parliament from various committees.
"That pending hearing of this application inter partes on 21st November 2022 a conservatory order does and is hereby issued restraining and/or barring the Respondents from receiving or if already received the list of nominees, barring the processing, vetting, or in any way proceeding or processing the nomination for appointment and/or appointing the 1st to 51s5 Interested Parties herein as Principal Secretaries as communicated vide a Press Release dated 2nd November 2022," read part of the order.
The petition by activist Fredrick Bikeri claims that the selection of 51 persons by President Ruto for vetting and approval by parliament as PSs lacked inclusivity and regional balance.
“The said list of persons appointed to the rank of Principal Secretaries does not reflect nor ensure gender balance, regional balance, tribal balance, inclusivity of the marginalized, contrary to the tenets of good governance as demanded by Articles 10, 54, 55, 56 and 57 of the Constitution of Kenya 2010,” states the certificate of urgency filed by Mr Bikeri.
Also, in the filed case, the Law Society of Kenya has challenged the list of nominees, arguing that it lacks gender, ethnic and regional balance.
“On the impugned list of 51, 13 are Kalenjin from Rift Valley, 13 from Central Kenya which is to the detriment of the other 40 tribes and communities in Kenya,” reads court documents.
In a separate suit filed by businessman Stephen Kariuki Maina, he alleges that one of the PS nominees, Sylvia Nasela Muhoro, was not among the 585 applicants interviewed by the Public Service Commission between October 12 to 22.
Maina says the entire process is unconstitutional and urges the court to nullify it.
The National Assembly yesterday on Monday, November 14, began the vetting of President William Ruto’s 51 Principal Secretary nominees.
Nominees who have been vetted so far include Chris Kiptoo: Treasury PS Nominee, Dr Julius Korir: Cabinet Affairs Nominee, Raymond Omollo: Principal Secretary nominee for Interior, James Muhati: Economic Planning PS Nominee, Amb. Julius Bitok: Citizen Services Nominee, and Peter Tum: Medical Services PS Nominee.
In what is a blow to president Ruto, the LSK on Wednesday, October 12, petitioned the Employment and Labour Court to suspend the plans for the establishment of the offices of Chief Administrative Secretary (CAS).
The LSK stated in the petition that plans to establish the office of the CAS are likely to cause financial strain to many Kenyans as they will be forced to cater for extra wages for jobs that can be done by an already established office of the Principal Secretary (PS).
The PSs' vetting will be done by various departmental committees.
The various committees are expected to table the reports on the approval and disapproval of the principal secretaries’ nominees no later than 24th November.
