Cofek in court over Principal Secretaries appointment

By Lucianne Limo

 Nairobi, Kenya: Consumer Federation of Kenya (Cofek) has moved to court to stop the appointment of Principal Secretaries claiming the recruitment process was flawed.

Cofek wants the court to issue an order stopping the implementation of the Public Service Commission’s decision to recruit and recommend to President Uhuru Kenyatta for appointment of the 66 Principal Secretaries.

The consumer organization is aggrieved that members of the public were locked out of the recruitment process.

“Owing to the flawed process mired in suspicion and one that is already tainted and discredited by among others the Ethics and Anti-Corruption Commission, any action by either the President and parliament should be halted, “said Lobby group’s Secretary General Stephen Mutoro.

The Lobby group averred that the PSC did not publish the final list of successful candidates for scrutiny by members of public and other legal institutions involved in vetting senior public appointments.

“The list has been secretly forwarded to the President from which he will make nominations to be forwarded to parliament, “added Mutoro in an affidavit.

The PSC decision, they added, to recommend the Principal Secretaries secretly was unconstitutional, in bad faith and tantamount to discrimination.

Cofek said PSC decision not to make the separate list of applicants open to the public, to conduct interviews in camera and to completely deny the public information, on which the 66 names made the final list, has denied Kenyans opportunity to participate in the recruitment process.

They further noted that PSC ‘s decision denied the Ethics and Anti-Corruption Commission an opportunity to commence scrutinizing the candidates ahead of parliamentary vetting which ,they added, is likely to be rushed owing to time constraints.

Cofek said the PSC has a constitutional duty to uphold the rule of law which demands that public participation, accountability and transparency in public recruitment is paramount and non-negotiable.

“By allowing the recruitment behind closed doors under flimsy excuse given by PSC went against emerging and firm precedent where the likes like Chief Justice, Cabinets Secretaries, Judges and Director of Public Prosecution among others underwent open vetting allowing unfettered public participation, “said Mutoro.

The petitioner averred that several current PS who expressed interest to continue in office have a right to participate in interviews for the very positions they are currently holding.

“By denying them opportunity for interviews while in office without reasonable ground made them suffer great prejudice, humiliation and loss of self-esteem, “said Cofek.

The petitioners appeared before Justice Isaac Lenaola who directed them to serve the respondents-PSC and Attorney General and appear before him today for interparte hearing.