President Uhuru Kenyatta has submitted the names of 23 nominees for the posts of Cabinet secretaries, principal secretaries and ambassadors to Parliament for vetting.
But the fate of all appointees to the various positions hangs in the balance after activist Okiya Omtatah went to court to contest the legality of the nominations.
The President picked 22 Cabinet secretaries and four principal secretaries, and appointed six to the new post of chief administrative secretary in a bid to secure a legacy in his final term.
Mr Omtatah filed the suit in the High Court, arguing that CSs and PSs ought to have been vetted before the appointments, and that the new position of chief administrative secretary was not envisaged in the Constitution.
"The petitioner is aggrieved that at the time when the country’s ballooning wage bill is a matter of grave concern, no consideration has been given to the costs of running the new offices of chief administrative secretary in all Government ministries," he said.
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Eighteen nominees for the newly-created post will, however, not be reviewed as their names were missing from the list submitted to National Assembly Speaker Justin Muturi yesterday.
Also missing from the list for vetting by Parliament’s Appointment Committee is Jubilee Party Secretary General Raphael Tuju, whom Uhuru co-opted to the Cabinet.
National Assembly Leader of Majority Aden Duale yesterday explained that Mr Tuju would be part of the Cabinet to supervise implementation of Jubilee Party's 'Big Four' agenda.
“In exercise of powers bestowed on the President under Article 152(2), 155(3), and 132(2) respectively, the President has nominated nine Cabinet secretaries, seven principal secretaries and seven ambassadors/high commissioners,” read a letter by Head of Public Service Joseph Kinyua.
Not vetted
At least 12 CSs and a host of PSs who were retained or moved to other ministries will also not be vetted.
Today, Mr Muturi is expected to meet with members of the Appointment Committee before publishing a gazette notice tomorrow.
Kenyans will have seven days to submit their affidavits about the nominees before the committee can sit for another seven days to vet the individuals.
The team is then required to prepare a report about each nominee, which the full House will debate before adopting or rejecting them.
Duale yesterday said he expected the committee to finish the reports before Parliament resumed on February 14 so that discussions around the names were the lawmakers' first business when they returned from Christmas recess.
But there could be another round of exchanges between the ruling coalition and the National Super Alliance.
Through Leader of Minority John Mbadi, the Opposition had said it was illegal for serving CSs and PSs to assume office without fresh vetting because they were beginning new mandates.
But Mr Duale yesterday said the President was only obliged to submit fresh nominees for vetting.
The names of CS nominees submitted include Margaret Kobia (Public Service, Youth and Gender Affairs), John Munyes (Petroleum and Mining), Monica Juma (Foreign Affairs), Simon Chelgui (Water and Sanitation) and Rashid Achesa (Sports).
Others are Farida Karoney (Lands), Ukur Yattany (Labour), Peter Munya (East African Community) and Keriako Tobiko (Environment).