Ruto faces court challenge over GMOs, CAS positions

Lawyer Paul Mwangi, affiliated to Azimio la Umoja party, recently filed a petition in court against the Government for lifting the 10-year ban on GMO foods that had been in place since 2012. President Ruto justified the same as a measure to ensure food security and a step in addressing the drought ravaging more than 4.3 million Kenyans. But Mwangi argues the move is not only unconstitutional but threatens the rights and freedoms of Kenyans.

"It goes against the right to food of acceptable quality, consumer rights guaranteed by Article 43, right to fair administrative action in article 47 and freedom of conscience, religion thought belief and opinion," he said.

In his suit papers, Mwangi further notes that the hasty removal of all regulatory protocols in cultivation and trade in genetically modified foods in Kenya is "neither rational nor reasonable."

"The Government has a duty to protect the rights of farmers to participate directly or indirectly in formulation of policies and regulation of laws that affect Kenyans," he adds.

Lifting the ban has also attracted criticism from political circles with leaders urging the president to reconsider the move. Opposition leader Raila Odinga, while speaking to a crowd at Jevanjee gardens earlier this week, noted that the cons against GMO foods overshadow the nutritional benefit given that scientists have linked the foods to various health risks.

"Many European countries that are scientifically developed like Germany, Italy, the Netherlands, Sweden, Estonia, and France have rejected GMO foods. They have done so because they are sure it will harm the lives of their citizens,'' Raila said.

Wiper party leader Kalonzo Musyoka faulted the president for premising food security on maize consumption alone.

"The vacating on the ban for GMOs opens up Kenya to diverse challenges and threats with the Kenya multi-billion shilling food market being susceptible to strangulation by profit-hungry multi-nationals, handing over our food sovereignty to corporate manipulators," said Kalonzo.

But it is Ruto's administration's decision to proceed with the recruitment of CASs that has attracted the ire of courts. The Employment and Labour Court reached a decision to suspend the establishment of the office of Chief Administrative Secretary in the public service following a petition by the Law Society of Kenya (LSK). LSK had argued that the lack of clarity on the intended office of the CAS denied the public the opportunity to make comments "on the possibility of the duplicity of roles between the Principal Secretary and the CAS."

The lobby group maintained that any duplicity would lead to the wastage of public funds in wages and attendant expenses. But in a statement on Thursday, the Public Service Commission (PSC) vowed to continue with the recruitment of CASs before submitting names to the President for the appointment. The commission, on its part, said it had conducted public participation which informed the creation of the positions.

"Contrary to public speculation, the commission has not cancelled the advert for recruitment of Chief Administrative Secretary. The commission will shortlist and conduct interviews and thereafter recommend names of successful candidates for consideration for appointment by the president," said the commission.

And even as Ruto and his lieutenants brace for protracted legal duels, his is an arduous task of convincing the public that he is not intent on capturing independent authorities. This, after the Office of the Director of Public Prosecution (ODPP) withdrew cases linked to his allies.

Cabinet Secretaries nominees Mithika Linturi and Aisha Jumwa had their court cases dropped. Former Samburu Governor Moses Lenolkulal alongside his ten co-accused persons had his case dropped after DPP Noordin Haji applied to terminate his Sh84.6 million corruption case. The DPP has since reversed this decision and directed that the governor's case go to full trial.

Former Kenya Power MD Ben Chumo and the company's former top managers and six co-accused in former Kiambu Governor Ferdinand Waititu case also had their cases dropped.