The High Court has ruled that it is unconstitutional for Parliament to recruit National Cohesion and Integration Commission (NCIC) commissioners.
Justice Wilfrida Okwany ruled that MPs have not powers to recruit members of independent commissions like the cohesion agency and that the role belongs to the Public Service Commission.
The judge said that the role of Parliament is limited to vetting candidates who have been cleared for appointment by the executive.
Parliament had shortlisted 54 candidates to fill the eight vacant positions at the NCIC and set interviews for November 12-14, 2018 before the court suspended it.
Justice Okwany ruled on the case filed by activist Okiya Omtatah who maintained the recruitment of the NCIC commissioners is the mandate of the PSC.
Mr Omtatah argued that the recruitment process is opaque, revealing that 12 among the shortlisted candidates are former politicians who had lost in the past election.
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