Win For Ruto Government As Court Rules On Case Against Appointment of PSs

The High Court has struck out cases that had been filed challenging the nomination of 51 principal secretaries by President William Ruto.

Labour Court Judge Justice Nduma Nderi dismissed the consolidated petitions, stating that they had been filed prematurely.

This means that the National Assembly will now proceed with the vetting of the 51 nominees.

While dismissing the case, the court noted that the case was prematurely filed. The court had on November 21, halted the vetting process of nominees for the position of Principal Secretaries after LSK filed for an injunction.

“Consolidated petitions are struck out for having been filed prematurely,,” ruled justice Nduma Nderi

The Judge further noted that the court can only be approached once the National Assembly concludes the vetting process.

“This is a sacred mandate given to the House by the people of Kenya… the petitioners must await the conclusion of the process,” the court noted.

Justice Nzioki Makau who stopped the vetting, had ordered the National Assembly to stop the exercise until the case was heard and determined.

“Pending hearing of this application inter partes on November 21, 2022, a conservatory order is hereby issued restraining and/or barring the Respondents from receiving or if already received the list of nominees, barring the processing, vetting, or in any way proceeding or processing the nomination for appointment and/or appointing the first to 51st Interested parties herein as Principal Secretaries as communicated vide a Press Release dated November 2, 2022, by Mr. Felix K. Koskei, Head of Public Service,” he ruled. 

The Law Society of Kenya (LSK) moved to court, on November 11, 2022, to file a petition in court challenging the list of the PS nominees.

LSK argued that the nomination lacked gender, tribal and regional balance and should therefore be stopped.