A big blow to over 128 parastatals officials who were appointed by President Uhuru Kenyatta in 2018 after High Court declared their appointment unconstitutional.
A three judge bench of the High Court declared that the appointments, which featured key political losers and former government officials, were made in an opaque manner, therefore invalidating them.
“People of Kenya desired that parastatal appointments must be competitive, fair and transparent considering persons with disabilities and Kenya’s diverse communities,” the court ruled.
This comes after Katiba Institute and the Africa Centre for Open Governance (AfriCOG) sued the State over the appointments saying that the law was not followed.
The Attorney General has asked the court to stay the judgement for 30 days.
However, Lawyer Dudley Ochiel for Katiba Institute has opposed the application asked the court to order them to file a formal application.
Justices Jessie Lessit, Chacha Mwita and Lucy Njuguna declined to stay the judgement and directed the AG to file a formal application giving reasons for his request.
The Court also invalidated various post-2010 Statutes which allow appointments to parastatals without requiring fair competition or merit.
Among those who were appointed during that time included Retired Chief of Defence Forces Gen. Julius Karangi, Former Kenya National Union of Teachers chairman Mudzo Nzili, former Mombasa gubernatorial candidate Suleiman Shabhal, Former governors Benjamin Cheboi (Baringo), Doyo Godana (Isiolo) among other individuals.