The High Court has blocked recent appointees to parastatals from assuming office until a suit challenging their naming is heard and determined.
Two lobby groups have moved to court to challenge the legality of appointments including President Uhuru Kenyatta’s picks of parastatal heads.
Katiba Institute and Africa Centre for Open Governance filed their application at the High Court on Monday. They said the appointments were made without legal authority and in violation of the law.
“Pending the hearing and determination of the application, [an order is issued] restraining persons appointed to the various positions via Gazette Notice from assuming office, continuing in or in any other way performing their functions,” court documents state.
Uhuru appointed people including several politicians who lost in the last general election and retired military chiefs.
Cabinet Secretaries also appointed members to various parastatal boards in appointments made last month.
The lobbies argue that the appointments were unconstitutional and should be reversed as they did not comply with the requirement of Section 7 of the sixth schedule.
The groups contention is that that was no advertisement or communication prior to the appointments and that the officials were not interviewed.
“There is nothing on record that [shows] that those appointed to the various positions are competent,” court documents state.
Katiba Institute further argued that the appointments, in the manner they were undertaken, were an affront to the Constitution and that if orders are not granted, the rule of law will be in great jeopardy.
Those appointed have been named as interested parties in the case.
