A legal challenge has been mounted against the recent appointment of Kenya’s 19 Cabinet Secretaries, who were sworn into office on Thursday. The petition, filed by the Kenya Human Rights Commission (KHRC) and activist Wanjiru Gikonyo, seeks to have the appointments nullified on grounds of lack of parliamentary accountability, inadequate public participation, and the failure to address integrity concerns during the vetting process.
Court documents, reviewed by Citizen Digital, reveal that the petitioners have named the National Assembly and the Attorney General as the first and second respondents, respectively. The Law Society of Kenya and Transparency International Kenya are listed as interested parties in the case, along with the newly appointed Cabinet Secretaries.
The petitioners argue that the vetting process was deeply flawed, alleging that it did not thoroughly assess the candidates’ backgrounds, qualifications, and suitability for their respective roles. They contend that this led to the appointment of individuals who may not be fit for the responsibilities entrusted to them.
Central to the petition is the claim that public participation, a constitutional requirement, was insufficiently conducted. The petitioners assert that effective vetting should include public input, allowing citizens to provide feedback or voice concerns about the candidates. They argue that the lack of such engagement has denied the public a critical role in the process.
The petition further references a report by the Ethics and Anti-Corruption Commission (EACC) that highlighted potential integrity issues among some of the nominees. The applicants allege that the vetting process failed to address these concerns, allowing individuals with possible conflicts of interest or questionable ethics to assume high office.
The petitioners are seeking a court declaration that the appointments are illegal and unconstitutional. They also demand that President William Ruto be directed to initiate a new appointment process in full compliance with the law. Additionally, they seek a ruling that the National Assembly violated the Constitution by disregarding the requirement for public participation.
