Lawyer Ken Ogeto leaving high court. /FILE PHOTO.


Activist Okiya Omtata on has moved to court seeking to suspend the nomination of Kennedy Ogeto as the solicitor general.

In the petition, he has again name president Uhuru Kenyatta as a respondent.

Omatta in the petition says that there was no public participation and therefore the president violated the law.

“Article 10(2)(a) which categorically provides that the national values and principles of governance include the rule of law, democracy, and participation of the people, “reads the petition.

He claims that by purporting to handpick and appoint Ogeto as solicitor general without him being first identified and recommended by the public service commission through a competitive and merit-based recruitment.

Omtata wants the court to restrain Uhuru, Public Service Commission, Ag and the speaker of National assembly from effecting the nomination of Ogeto.

He is further seeking for an order to stop the speaker of National Assembly from accepting Ogeto’s name for purposes of vetting.

In the petition, Omtatah says that the president is bound by the constitution and other laws of Kenya and has no capacity to act beyond or outside the law. He says Uhuru must uphold the provision and the spirit of constitution and statute.

‘It is of utmost importance that the impugned decision of president Uhuru Kenyatta are suspended to protect constitutionalism and the rule of law, the interest of the public and to protect these proceedings for being rendered nugatory,” argues Omtatah.

Omtatah also says that the court has a duty and the jurisdiction to stop the blatant disregard of the rule of law.

Further, he says unless his case is heard urgently and determined he and other Kenyans will suffer great loss as the constitution and the rule of law will continue to be violated and threatened.

On Tuesday the president made two more changes by appointing Kennedy Ogeto as the solicitor general and Njee Muturi shifting Deputy Chief of staff at the state house.

“I have also today nominated Kennedy Ogeto as Solicitor General and appointed Njee Muturi as Deputy Chief of Staff,” President Kenyatta said.