Petition filed challenging President Ruto's latest State appointments

President William Ruto congratulates newly appointed CS for Coo-operatives during the swearing in of Cabinet Secretaries at State House, Nairobi. [PCS]

A Nakuru-based doctor, Magare Gikenyi, along with two other citizens, has filed a petition in court challenging the recent appointments made by President William Ruto of former governors and politicians to various state corporations.

The petitioners argue that these appointments are unconstitutional, violate legal requirements for public service recruitment, are discriminatory, and are based on political favouritism.

Dr Gikenyi, along with Dishon Keroti Mogire and Philemon Abuga Nyakundi, is contesting the appointment of the individuals to non-executive chairperson roles.

They argue that the appointments were made without proper adherence to the law by the presidency.

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The case stems from the December 20, 2024, decision in which President Ruto, through a press release by Felix Koskei, the Chief of Staff and Head of Public Service, announced the appointment of Antony Mwaura as Chairman of the Kenya Rural Roads Authority (KeRRA), after moving him from his position as Chairman of the Kenya Revenue Authority (KRA).

Former Laikipia Governor Nderitu Muriithi, former Deputy Speaker of the Senate Kembi Gitura, and former Murang’a Governor Mwangi wa Iria were also appointed to non-executive chairperson roles at KRA, Kenyatta University Teaching, Referral and Research Hospital, and the Public Procurement Regulatory Board (PPRB), respectively.

The petitioners argue that the appointments do not adhere to the legal framework established under Article 232 of the Constitution.

They assert that appointments to public office must follow merit-based and transparent procedures, which they claim were bypassed in these appointments.

In an affidavit, Dr Gikenyi emphasized that Mwaura "lacks the necessary expertise in any of the specified fields, and his appointment is therefore in direct contravention of the law."

He further added, “Appointments to these crucial positions were made without adhering to the constitutional requirements of merit and public participation."

Gikenyi argues that these actions not only violate the Constitution but also undermine the core values of leadership and integrity central to public service.

READ: Ruto's new appointments to state corporations

The petition highlights that Mr Mwaura, appointed to KeRRA, does not meet the statutory qualifications outlined in the Kenya Roads Act.

His background, including his previous role as UDA Chairman and involvement in businesses that could lead to a conflict of interest, raises further concerns about his suitability for the position.

The court papers note that Mwaura holds a Bachelor of Education degree from Kisii University and a Diploma in Business Management from the Kenya Institute of Management.

"From the foregoing, he has no knowledge or experience in highway engineering, surveying, urban and regional planning, transport economics, or farming. He is therefore not qualified to hold this position," the petition asserts.

The petitioners further argue that Mwaura was not nominated by the relevant organizations as required by Section 8(2) of the Kenya Roads Act, which mandates nominations from specific groups before a Cabinet Secretary can make an appointment.

They claim that no annual general meeting took place where Mwaura's nomination could have been approved by these groups, rendering his appointment illegal.

Dr Gikenyi and his co-petitioners also highlight potential conflicts of interest, as Mwaura is a proprietor of a company involved in construction and civil engineering.

The petitioners further raise issues with Mwaura’s integrity, pointing to his involvement in a 2019 corruption case related to a Sh 350 million tender at City Hall.

While the case was terminated, the petitioners argue that the lack of conviction does not imply that Mwaura has integrity.

"Although the said court case was frustrated by the prosecution and terminated, the Mwaura never answered the said allegations. Lack of conviction cannot be equated to the presence of integrity.," the petitioners assert.

The petitioners further cite a 2024 High Court decision that quashed Mwaura's appointment as Chairman of the KRA due to integrity concerns, underscoring that appointing him to the KeRRA contradicts Chapter 6 of the Constitution, which emphasizes leadership and integrity.

They argue that, on July 15, 2024, the High Court quashed Mwaura’s appointment as KRA Chairman due to integrity issues. Despite the Court of Appeal late last year issuing a temporary stay order halting his removal.

The petitioners emphasize that this stay does not invalidate the earlier finding of the High Court regarding Mwaura's lack of integrity.

"This means the finding of the superior court of him not having integrity has not been vitiated. Therefore, appointing such a person as a chairman of KeRRA is a slap in the face on the issue of chapter six of the constitution on leadership and integrity and clear statutory provisions," they argue.

In addition to challenging Mwaura’s appointment, the petitioners also dispute the appointments of former governors Muriithi and Wa Iria and former Senate deputy speaker Gitura.

They argue that these appointments, like Mwaura’s, were made through political favouritism and headhunting asserting that this bypassed the necessary legal requirements.

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According to Dr Gikenyi, such appointments undermine the principles of equality, fairness, and merit, which are central to the Constitution.

"The presidency must respect and uphold the Constitution, as Articles 73 and 75 require that individuals in office conduct their actions and omissions in a manner that brings honour to the office they hold," Dr. Gikenyi contends.

Additionally, the petitioners argue that Attorney General Dorcas Oduor failed in her duty to advise the government on the appointments, acting contrary to the law.

They contend that the constitutional violations must be stopped by the court to ensure the principles of good governance are upheld.

The petitioners have requested the court to issue a conservatory order suspending the appointments of Mwaura, Muriithi, Gitura, and Wa Iria while the case is pending determination.

They further seek a judicial review order to declare the appointments illegal and unconstitutional, compelling the government to carry out a transparent, legal, and merit-based recruitment process.

"We want the court to order that all future appointments comply with the constitutional provisions set out in Articles 10, 73, and 232," Dr Gikenyi says.

They are calling for the court to quash the relevant gazette notices and to compel the government to conduct fresh, competitive, and legally compliant appointments.