A judge dismissed an application by activist Okiya Omtatah seeking to declare the office held by head of Public Service Joseph Kinyua unconstitutional.
Justice Nelson Abuodha said it was clear that the Office of the Chief of Staff and Head of Public Service was established by the President with recommendation of the Public Service Commission under the provision of Article 32(4) of the Constitution.
The court heard that the post was established to undertake the day to day operational tasks of the President as mandated under Article 132 of the Constitution and more specifically, to aid in the execution of the President’s mandate of coordination of ministries, departments and agencies.
He said the President as the Head of State and Government has the overarching role over State organs and one cannot reasonably expect the person occupying the office to do everything by himself or herself.
Mr Omtatah had argued Mr Kinyua’s office does not exist in law and that he was handpicked by President Uhuru Kenyatta to serve on his private staff without being vetted by Parliament.