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TAG OF WAR; JUDICIARY VS EXECUTIVE

Post by : Robert Kamau

One hundred and twenty nine(129) (Executive) heads of state corporations and boards  are now jobless. In a ruling made by a high court bench led by judges Chacha Mwita, Jessie Lesit and Lucy Njuguna. The bench indicated that the appointments were illegal.

The bench indicated that the appointments were not transparent nor competitive and that they contravened article 232 of the constitution on the values and principles of  public service.

In the ruling the bench indicated that the attorney general didn’t show  that there was fair competition during the appointments.

This appointments didn’t bring out the diverse Kenyan communities, enhance gender equality, represent minorities or even envision people with disabilities.

The bench also quashed all post 2010 statutes that allowed for the appointment to parastatals without the vigorous  recruitment exercises.

the ruling rendered some key people and politicians jobless, some of them include;

Suleiman Shahbal aspiring Governor Mombasa county, Godana Doyo  former Governor Isiolo, Benjamin Cheboi  former governor  Baringo, Judith Wanjiku daughter to former President Mwai Kibaki, Augustine Neto former Mp Ndiwa, Margaret  Wanjiru Saitoti widow to the late George Saitoti, Amos Ntimama son to the late William Ntimama.

The judges said that Kenyans want more transparent and inclusive appointment of state officers as envisioned in the constitution. They also declared that their ruling was fair and transparent and in practise of the judicial authority.

This ruling has dealt a blow to political appointments that were the fall back plan of many politicians during election year.

With this ruling the executive was pitted against the judiciary by  Africa centre for  open governance and Katiba institute.

This was a devastating blow to the executive after they suffered a humiliating defeat at the same high court. A petition filed by Linda Katiba and other plaintiffs won against the executive.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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