The petition challenging presidential appointments to parastatals and State agencies will now be handled by a three-Judge bench.
High Court Judge Enock Chacha-Mwita yesterday referred the matter to Chief Justice David Maraga to pick the Judges to hear the petition lodged by Katiba Institute and African Centre for Open Governance (Africog).
The two petitioners say the President and Cabinet Secretaries have no role to play in the appointment of Chairmen and Board members of State Corporations and agencies but the Public Service Commission (PSC).
“The issue raised here is quite a significant question of law that will require consideration of both provisions of the Constitution and Statues on these appointments as well as the role of the PSC. There is also the question whether there should be public participation during these appointments as required by the Constitution,” Justice Chacha-Mwita observed in his ruling.
The judge said the petition was the first of its kind and will have a significant bearing in the appointment and management of parastatals and State agencies. “The outcome will also affect very many people both serving as Chairmen and members in those boards and those awaiting appointments or renewal of their terms,” he said.
“This, in my view, is an issue of substantial point of law under Article 165 (4) of the Constitution that should be settled so that it is clearly known who has the mandate or authority to make these appointments,” the Judge said.