The Employment and Labour Relations Court has barred the National Assembly from proceeding with the ongoing vetting of the 51 nominated Principal Secretaries.
According to Justice Musyoki Wa Makau’s ruling, the names of the PS nominees should not be submitted to Parliament until after a petition has been heard and decided by the court.
“A conservatory order is hereby issued restraining and barring the National Assembly from receiving or if already received, barring the processing, vetting or in any way proceeding or processing the nomination for appointment of the 51 nominees as PSs,” he ordered.
In the case, the Law Society of Kenya has challenged the list of nominees, arguing that it lacks gender balance, tribal balance and regional balance.
“On the impugned list of 51, 13 are Kalenjin from Rift Valley, 13 from Central Kenya which is to the detriment of the other 40 tribes and communities in Kenya,” reads court documents.
Through lawyers Stephen Muli and Kevin Walumbe, LSK argues that the list disregarded 426 qualified candidates for the position.
LSK had brought up pertinent issues relating to inequity, ethnic balance, and gender during the PS nomination.
The magistrate directed that the matter be placed before another court in the division for inter-partes hearing on Monday.
The Attorney General, the National Assembly, and the Public Service Commission, which oversaw the nominations of the 51 PS nominees, were all sued by the Law Society of Kenya.
