BY NT CORRESPONDENT.
The High Court has prohibited appointed board members of Postal Corporation of Kenya and Tana and Athi Rivers Development Agency (TARDA) from assuming office.
Justice John Mativo issued the orders after Chama Cha Mawakili filed an application challenging the appointment of the board members appointed by President Uhuru Kenyatta for lack of ethnic balance.
“Pending the hearing and determination of the notice of motion a conservatory order be and is hereby issued prohibiting the interested parties from assuming the offices for which they have been appointed by the respondents in terms of the gazette notices Number 4334 and 4359 dated May 3,2019”,. Ordered Mativo.
In a petition, Chama Cha Mawakili claim that the appointment of Mike Rubia, Fred Gachie, Munyua Waiyaki, Simon Kiuta, Pauline Muthangani, James Muriithi, Jane Githinji, Ndogo Waweru, Robert Murimito the board of the PCK and TARDA does not meet the constitutional requirement of ethnic and regional balance. The organisation wants the appointments quashed.
“Regional and ethnic balance is a constitutional edict that runs through the entire constitution and therefore the composition of all national or public institutions at all levels should reflect the regional and ethnic diversity of the people of Kenya,” reads court papers.
They want the court to declare the appointments as unlawful and unconstitutional for failure to comply with the requirement. The petitioners also want the court to quash the gazette notices made on May 3, containing the appointments as it is a violation of the constitution.
In the documents, the petitioners argued that state corporations are currently dominated by the big communities and a priority should be given to other small communities in order to bring about true ethnic and regional balance in all state corporations.
“There is no justifiable reason to continue favoring big communities during appointments to state corporations. It is imperative that regional and ethnic balance be achieved in all state corporations without delay,” the petition stated.
