Parliament has summoned Attorney-General Kihara Kariuki over the fate of 129 heads of State corporations and board members whose appointment was quashed by the High Court last week.
The National Assembly’s Public Investments Committee (PIC) says Mr Kariuki will be required to explain whether the government intends to appeal the court ruling.
PIC is mandated by the House Standing Orders to ensure probity, efficiency, and effectiveness in the use of public funds by State corporations.
“We have resolved to call in the Attorney General over the revocations of appointments of parastatal chiefs,” Abdulswamad Nassir, the PIC chairman said.
“We have taken this proactive move to ensure that the decisions the affected individual will make going forward is not subject to being declared an illegality.”
Mr Nassir said Mr Kariuki will be required to appear before PIC next week to provide the government’s decision following the court ruling.
“We want to know if the government has appealed against the court order or stayed the execution of the verdict. We also want to know if and when the appointing authority will commence the process of filing the 129 vacancies if the verdict is not overturned,” the Mvita MP said after a meeting at Parliament on Thursday.
The High Court last week, in a verdict delivered by a three-judge bench, said the appointments made by President Uhuru Kenyatta and Cabinet secretaries in 2018 are invalid and unconstitutional.
Justices Jessie Lesit, Chacha Mwita, and Lucy Njuguna said the appointments were illegal as they lacked transparency and competitiveness.
The judges added that the appointments were contrary to Article 232 of the Constitution on the values and principles of public service.
The court said the Attorney-General failed to demonstrate that there was fair competition and merit as the basis of the appointments.
Further, the court said there was no demonstration that in the appointments, there was a representation of Kenya’s diverse communities and that there was an adequate opportunity in terms of gender, members of all ethnic groups, and persons with disabilities.
“The requirements made in the Constitution (Article 232) was after views of Kenyans were collected during the constitution-making of the Constitution 2010. People of Kenya wanted to see transparent appointments and officers capable of guiding public wealth, not political patronage,” said the judges.
The ruling has affected parastatal heads who have been rendered jobless. Those affected are former Chief of Defence Force Julius Karangi and a host of 2017 poll losers led by former governors Benjamin Cheboi (Baringo) and Godana Doyo (Isiolo).
Others are Mombasa governorship aspirant Suleiman Shabhal, former Security minister George Saitoti's widow Margaret Wanjiru Saitoti, former president Mwai Kibaki's daughter Judith Wanjiku, unionist Mudzo Nzili, former Nairobi County Health Chief Officer Washington Makodingo and former Ndhiwa MP Augustino Neto.
Also affected is the chief of staff in ODM leader Raila Odinga’s office Caroli Omondi, former Cabinet minister William Ntimama’s son Amos Ntimama and Nyeri politician Geoffrey Kamau Kibui.
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