Bid to stop PSs appointments flops

By Lucianne Limo

Kenya: President Uhuru Kenyatta can appoint Principal Secretaries (PS) after the High Court dismissed a petition challenging their recruitment.

Justice Isaac Lenaola yesterday threw out the application saying the Public Service Commission acted within their mandate in the exercise.

Consumer Federation of Kenya (Cofek) had moved to court to stop the appointment of PSs claiming the recruitment process was flawed. Cofek wanted the court to issue an order stopping the implementation of the Public Service Commission’s (PSC) decision to recruit and recommend to President Uhuru Kenyatta for appointment of the 66 PSs.

The consumer organisation was aggrieved that members of the public were locked out of the recruitment process. The court noted that there is no requirement in law that it should conduct all interviews in public or publicise the names of all persons who had applied for the position of PS.

“It has also not been denied that proceedings were video recorded and that any person, including Cofek was at liberty to procure the information they needed, “said the Judge.

He further supported PSC arguments that publishing the names of all applicants on its website was a cheaper option.

“How can the petitioner in any event deny that there is need to secure public funds and that more and more institutions of governance are relying on the interest to send information about its activities,” Justice Lenaola added. The Judge further said the lobby group had latched on to the phrase ‘participation of the people’ in a selective and selfish manner.

“There is no express requirement that ‘participation of the people’ should read to mean that ‘the people’ must be present during interviews but taken in its widest context that their input is recognised,” he said. He pointed out that the Members of Parliament would represent the public when the names will be forwarded to Parliament for vetting.

“In the present case, there is opportunity for a second time for the people to participate indirectly in raising issues, good or bad about persons recommended for appointment because Parliament, before approving any applicant,will scrutinise their suitability,” the court said.

On the issue of integrity, the court noted that a letter written by the Ethics and Anti-Corruption Commission to the PSC concerning some applicants has no details of the nature of investigations against them or the status of those investigations.