Head of Public Service Joseph Kinyua was forced to explain his role in government after activist lawyer Okiya Omtatah filed a suit against him.
Responding to the suit at the Employment and Labour Relations Court, Mr Kinyua explained that the role was created by the president within powers bestowed on him by the constitution.
Omtatah challenged the legality of the Head of Public Service office pointing out that the role was not established by the Constitution.
The lawyer also took issue with a circular issued by Kinyua’s office that gave CEOs of state corporations a leeway to serve beyond retirement age.
[caption caption="File image of Head of Public Service Joseph Kinyua"]
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"The petitioner is aggrieved that the 1st respondent has given himself powers and a mandate unknown in law as the occupant of the non-existent office of the Head of the Public Service, and has issued a statutory instrument purporting to amend existing subsidiary legislation on the mandatory retirement age," court papers stated in part.
Defending the circular, Mr Kinyua told the court that the document was not intended as a legal instrument.
"The petition erroneously asserts that vetting is to be undertaken for all officers appointed in the public service, and further presumes that all offices coordinating vetted public officers are to be established in the Constitution for them to undertake the designated mandate," he stated in an affidavit filed at the court.
He added that the notice contained "directions from the office of the president to the state offices as a clarification of the government’s position on the term of CEOs of state corporations but not regulatory or statutory instrument".
He further explained that his role was not designed to take away power from the Public Service Commission (PSC) rather, to coordinate civil servants on behalf of the president.
Article 132 section 4A states: "The President may establish an office in the public service in accordance with the recommendation of the Public Service Commission."
President Uhuru Kenyatta established the office of the Head of Public Service (formerly Head of Civil Service) in 2013 and appointed Mr Kinyua.
President Kenyatta reappointed him to the post while naming his second term cabinet.
[caption caption="File image of President Uhuru Kenyatta with Head of Public Service Joseph Kinyua"]
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