Two Challenge Appointment of CSs in Court 

Two petitioners Friday challenged the appointment of the 19 Cabinet Secretaries by president William Ruto. 

The Kenya Human Rights Commission and Wanjiri Gikonyo argued that there was no meaningful public participation adding that the selecting criteria were not provided to the public beforehand, leaving them unaware of how the National Assembly’s appointments committee made its decision.

They argued that Parliament received memoranda that were never disclosed to the public in advance, and the criteria for their acceptance or rejection were determined in secrecy, without public accountability.

“Despite the vetting process having been initiated by the National Assembly, the parameters for selecting candidates were not made available to the public in advance,” read their court documents.

The vetting process of the 19 CS has been faulted with the petitioners contending that integrity issues were not adequately considered.

This, they say, has led to individuals with “questionable ethics” appointed to office, compromising the effectiveness and credibility of the office.

The duo argued that CS Wycliffe Oparanya should not have been considered for nomination, vetting and appointment by the president and the National Assembly in light of the integrity concerns raised by the Ethics and Anti-Corruption Commission (EACC).

“Proper vetting is crucial to ensure that individuals appointed to significant positions, such as cabinet secretaries, meet the necessary qualifications, integrity standards and legal requirements.”

They argued that the National Assembly and the president should have “rigorously applied the principles set out in chapter six of the constitution and the law when vetting and appointing CSs, so as to ensure that only those who respect human rights standards and meet the highest standards of leadership and integrity are appointed”.

“It therefore undermines the intent, morality, and ethics of chapter 6 if individuals with unresolved concerns who have yet been cleared by EACC are appointed to public office,” they said.

They petitioners want the appointment of the CSs revoked and the president ordered to initiate fresh appointment process in compliance with the Constitution.

“A declaration that any of the cabinet secretaries appointed contrary to the advice of the ethics and anti-corruption commission are unfit to hold office and as such, any such appointments are unconstitutional and illegal,” read the court documents.