BY SAM ALFAN
The high court has dismissed a case challenging the appointment of Joseph Kinyua as the Head of Public service.
The court said it was not persuaded that the designation of the office that Joseph Kinyua holds as Head of Public Service usurps the power of the chairperson of the Public Service Commission.
Activist Okiya Omtatah moved to the court seeking to have the court declare an alleged impugned circular and the designation of the Joseph Kinyua as Head of the Public Service inconsistent with the constitution.
He also wanted it declared invalid, null and void.
Omtatah had argued that Kenya has many young energetic, educated and vibrant citizens who are unemployed or underemployed.
“The so called office of the Head of Public Service does not and cannot exist in law under the Constitution of Kenya 2010. The office of the Head of Public Service (or Head of the Civil Service) existed under the repealed constitution of Kenya but was abolished under the constitution of Kenya 2010,” he told the court.
The court also declined to quash a circular that scrapped age and term limits for Chief Executive Officers of State corporations.
The court said that it cannot hamstring the Government as an employer from reviewing or qualifying its policy to resolve an emerging issue.
Justice Nelson Obuodha noted that the government, just like any employer ought to be let free to exercise its managerial discretion in order to realize its set objectives.
“In this regard, the court would frown upon and would not hesitate to declare unconstitutional the use of the circular OP/CAB.9/1A on terms of service for state corporations Chief Executive Officers to extend indefinitely terms and conditions of service for this cadre of public servants,” ruled Nelson Obuodha
