Ruling by judge informs Iringo, Kibicho appointments

By KIRATU KAMUNYA

Article 155 of the Constitution provides that the President shall; (a) nominate a person for appointment as Principal Secretary from among persons recommended by the Public Service Commission; and (b) with the approval of the National Assembly, appoint Principal Secretaries.

The ruling by High Court Judge Isaack Lenaola on the Consumer Federation of Kenya (Cofek)case seeking to stop the appointment of principal secretaries apparently on the basis that their selection by the Public Service Commission (PSC) was not based on merit, gender balance, regional representation and special interests has brought a new twist in the interpretation of article 155(a)

In dismissing the case by Cofek, Justice Lenaola said Parliament will still scrutinise their suitability before approving them for appointment.

The honourable judge appears to attach considerable importance in the role played by Parliament in the whole vetting process. He does not give undue regard to the process of recruitment by the PSC because in the end he argues, Parliament has the final word in determining the suitability of the various candidates.

Parliament is the ultimate representative of the people. The process of vetting in Parliament for various public appointees is expected to be rigorous and thorough. The vetting happens at two crucial stages.

On one hand, these appointees are taken through a specially constituted parliamentary committee for this purpose where the appointees are extremely grilled on their suitability before a panel of parliamentarians drawn from a broad spectrum of party representation.

These kinds of committees are also composed of MPs representing special interest groups like the disabled and the youth.

As if this is not enough, the report by the committee is further debated by Parliament, which can either endorse or reject it.

Cofek had further challenged the appointment of the principal secretaries on grounds that public did not participate in the interviews conducted by PSC.

On its part the PSC said the selection was based on merit, gender balance, regional representation and consideration of special interests.

The consumer watchdog had further termed the process as flawed and mired in suspicion and one that is already tainted and discredited by among others the Ethics and Anti-Corruption Commission.

It had argued that the 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 of 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 scrutinising the candidates ahead of parliamentary vetting which, they added, is likely to be rushed owing to time constraints.

Public watchdog

They therefore sought the intervention of the court to stop Parliament and the President from proceeding with the vetting and the appointments respectively.

But while dismissing the case, Lenaola said there was a second opportunity for the people to participate indirectly in raising issues about the persons recommended for appointment since Parliament will before approving any applicant scrutinise their ability for the respective office.

The appointment of Mutea Iringo and Karanja Kibicho must be seen against this background.

Those against their appointment have expressed concern that the two were not recruited by the PSC in an open and participatory manner. But this boils down to the same argument by Cofek and which was ultimately dismissed by the High Court.

Parliament will eventually play the role of public watchdog by thoroughly interrogating the two gentlemen in a manner that will uphold public interest while underscoring the need for competence and integrity among other qualities as was demonstrated during the vetting of nominees for Cabinet Secretary positions.

It is instructive that the two gentlemen having been serving as permanent secretaries under the previous government. As such, their appointment is not entirely surprising given their record of service in their previous respective dockets.

The whole idea of recruitment by the PSC is hinged on the assumption that the appointees are fresh to the jobs for which they seek to be recommended for appointment as a result of which PSC has to embark on a fact finding mission to establish their suitability.

This is hardly the case for Iringo and Kibicho.

Writer is a lawyer with Maina Ngaruiya Advocates.