Activist Okiya Omtata has sued President Uhuru Kenyatta over the nomination of Chief Administrative Secretaries.
In the court documents, Omtata claims that the president together with the Public Service Commission must be stopped from ignoring the rule of law which is a key national value and principle of governance.
Omtatta says that there was no public participation and therefore the decision to have CAS in the cabinet is null and void.
“The creation of the position of Chief Administrative Secretary in all Government ministries by President Uhuru Kenyatta in consultation with the Public service Commission is invalid, null and void,”Omtata claim in court documents.
He wants the court to quash Uhuru’s decision and prohibit the speaker of national assembly from receiving and consider for vetting the names of persons nominated.
Omtata says that he is aggrieved that, at the time when the country’s ballooning wage bill is a matter of grave concern, no consideration has been given to the costs of running the new offices of Chief Administrative Secretary in all government ministries.
He has ask the court to move with speed to protect the rule of Law and constitutionalism in general.
“If this Honorable Court does not interdict the impugned actions of the president Uhuru Kenyatta and Public service Commission concerning the creation of offices in the public service, and the appointment of persons to offices in the public service, due process, rule of law, and constitutionalism in general, will be overthrown,” argues Omtata
He says that he is aggrieved that cabinet secretaries who are not transferable from one term of the president to another, and must be vetted afresh by the National Assembly when appointed to serve in a president’s second term, are being appointed without being vetted.
He argues that handpicking and appointing persons to be chief administrative Secretaries, without subjecting them to a merit based competitive recruitment Process, the president violated the constitution.
Among the orders that Omtatah is seeking is an order compellingUhuru Kenyatta to submit all its nominees to the office of Cabinet Secretary for vetting by the National Assembly irrespective of whether or not they served in its first term.
Similarly he wants the court tocompel the Public Service Commission to announce vacancies in the office of Principle Secretary in all Government ministries, and to proceed to competitively recruit and recommend to the President persons for appointment as Principal Secretary.
He also wants an order to Quash nomination or appointment of persons to be principle secretaries and chief administrative secretaries as announced by the president on 26th January 2018.
