BY SAM ALFAN.
A Nyamira resident has moved to court to stop parliament from vetting the 51 Principal Secretaries nominated to various positions by President William Ruto.
Fredrick Bikeri wants the court to restrain the National Assembly from receiving the list of nominees, vetting or in any way proceeding, processing for appointment the list of the 51 PSs.
“It is in the interest of justice, fairness, constitutionalism, enforcing fair labour practices, ensuring inclusivity that this matter is heard urgently and orders sought granted,” says Bikeri.
Through lawyer Danstan Omari, Bikeri argues that the list lacks ethnic, gender balance and face of the 43 tribes of Kenya.
“If this court does not stop this process, national assembly will be debating or vetting an illegal list which is unconstitutional and which does not reflect the principles of governance,” Omari said.
He adds that the actions of the National Assembly may lead to autocratic governance, exclusion of all concerned parties and as a result, loss of public confidence to the detriment of many other communities in the country.
“It is important to maintain constitutionalism, rule of law, good governance, non-discrimination and protecting of the Constitution for the best interest of the larger public,” he adds.
The petitioner argues that President Ruto nominated the PSs pursuant to article 155 of the Constitution and which list has been transmitted to the National Assembly for vetting and approval.
He argues that the said list of nominees does not reflect nor ensure gender balance, regional balance, tribal balance, inclusivity of marginalized contrary to the tenants of good governance as demanded by article various Articles of the Constitution.
“The actions of the President in nominating who are seemingly close to him in exclusion of those perceived to be in opposition does not reflect his essence as a symbol of national unity and who ought to apply in total he principles of good governance as e listed in article 10 of the Constitution,” says Bikeri.
He adds that the Kisii community and in particular Nyamira county has not gotten any slot(s) in the purported nomination which is a clear departure from principle of inclusivity and good governance envisaged in article 10 of the Constitution.
According to the petitioner there is no justification whatsoever why the impugned nominations do not depict national representation including but not limited to the youth, people with disability, the marginalized, the elderly among others.
He adds that the nominees will not suffer any prejudice if the orders sought are granted and if the rule of law, constitutionalism, fair la our practices and inclusivity is embraced.
