High Court in Nairobi has declared that Uhuru Kenyatta’s head of parastatal appointments made in 2018 are unconstitutional.
A three-judge bench comprising of judges Chacha Mwita, Lady Justice Jessie Lesit and her counterpart Lucy Njuguna ruled that the appointment of the 128 were made in an opaque manner.
Among the parastatal heads whose appointments have been declared null and void include Retired Chief of Defence Forces Gen Julius Karangi, Mudzo Nzili and Coast politician Suleiman Shabal.
“People of Kenya desired that the appointment of parastatal heads must be competitive, fair and transparent considering persons with disabilities and Kenya’s diverse communities,” the court ruled.
Katiba Institute and Africog sued the state over the appointments saying that the law was not followed.
Through lawyer Dudluy Ochieng, the petitioners argued that there was no public participation in the entire process.
In their suit papers, the two organisations had raised legal questions on who between the President, Cabinet Secretaries and the Public Service Commission has the legal mandate to appoint chairmen and board members of state corporations.
They also asked whether members of the public should participate during these appointments as required by the constitution.