Constitution and governance experts have raised concerns over the recent appointments made by President William Ruto, assigning officials from state-run bodies to oversee the upcoming United Democratic Alliance (UDA) party elections.
The appointments of Anthony Mwaura, Chairman of Kenya Revenue Authority, and Joy Mdivo, Chair of Kenya Power Board, to key positions within the UDA's electoral structure have sparked debates regarding their legality and potential conflicts of interest.
In a statement released on Tuesday, April 2, the UDA Party Secretary General Cleophas Malala announced the appointments. Mwaura was named Chairperson of the National Elections Board, with Veronica Kiberenge as his deputy.
The board will also include Lydia Munika, Jimmy Kaingi, Mary Mutinga, Halake Dida, and Linda Kiome. Meanwhile, Joy Mdivo has been appointed to lead the Electoral Dispute Resolution Committee, with Dr. Adrian Kamotho as her deputy, along with Hellen Makone, Yvonne Cherop Kae, Dr. Duncan Ojwang, and Dr. Kaberia Isaac.
Constitutional experts have highlighted the apparent conflict between holding positions in a political party while serving as public officers.
In an interview with Kenyans.co.ke, lawyer Rodgers Mugambi and governance lecturer Professor Gitile Naituli both pointed out the need for adherence to constitutional principles, stating that such appointments could lead to polarisation within the country.
Professor Gitile Naituli expressed grave concerns over the appointments, labelling them as a dangerous precedent that undermines Constitutional provisions.
He argued, "It is illegal to appoint state officers to political party positions. The Constitution only allows the President, the Deputy President, legislators, and the like to hold positions in political parties while being state officers."
Mugambi echoed similar sentiments, insisting that Mwaura must resign from his position within UDA to avoid conflicts of interest. He cited various legal provisions, including Section 23(2) of the Leadership and Integrity Act, Section 12(1)(c) of the Political Parties Act, and Article 77 of the Constitution, to support his argument.
The Leadership and Integrity Act prohibits state officers from engaging in activities that compromise their integrity or impartiality, while the Political Parties Act restricts public officers from involvement in political affairs that may compromise their neutrality.
Article 77 of the Constitution further reinforces this principle, prohibiting state officers from holding office in a political party.
When pushed on whether board chairpersons of state corporations like KRA can be regarded as public officers, Prof Naituli notes the Constitution states, that appointed officers shall not hold office in a political party.
Section 77 (2) states, “Any appointed State officer shall not hold office in a political party.”
Prof Naituli reiterated the potential consequences of these appointments, warning that they could exacerbate existing political divisions within the country.
He emphasised the importance of upholding the principles of governance and integrity to safeguard Kenya's democratic institutions.
Prof Gitile noted, “ The appointments of state officers to the political party positions will polarise the country. It’s not a good path for Kenya.”
