Ruto's new nominees face legal challenge

Kenya Revenue Authority Chairman Ndiritu Muriithi after swearing-in at Supreme Court Building in Nairobi, on December 30, 2024. [File, Standard]

The Labour Court has certified as urgent a lawsuit challenging President William Ruto’s recent appointment of former governors of Laikipia and Murang’a, along with two other politicians, to various state positions.

Justice Jemimah Keli, however, declined a request from Nakuru doctor Magare Gikenyi, along with two other citizens, to suspend the appointments of former Laikipia Governor Ndiritu Muriithi, former Murang’a Governor Mwangi wa Iria, former Senate Deputy Speaker Kembi Gitura, and KRA chairman Antony Mwaura, pending hearing.

“The application is certified as urgent. The parties to appear for an inter partes hearing on January 16, 2025, before court 1,” Justice Keli ordered.

Additionally, the court has directed the Public Service Commission, the Attorney General, and the appointees to respond to the lawsuit within seven days.

Dr Gikenyi, Dishon Keroti Mogire and Philemon Abuga Nyakundi, are contesting the appointment of these individuals to non-executive chairperson roles, arguing that the appointments were made without proper adherence to the law by the presidency.

The petitioners argue that these appointments violate 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.

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

They argue that these appointments were made through political favouritism and headhunting, bypassing the established processes of merit-based selection and public participation. “These appointments were politically motivated and bypassed the necessary legal requirements,” Gikenyi asserted.

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,” Gikenyi says.