BY SAM ALFAN.
A Nairobi based law firm has moved to court to stop recruitment of the Central Bank Governor and one Deputy Governor.
I N Nyaribo & Company Advocates which is run by lawyer Ishmael Nyaribo wants the recruitment of the banks regulator’s bosses suspended temporarily, pending the determination of his petition.
The lawyer says Sections 13, 13B, 13C and 14 of the Central Bank of Kenya Act CAP 491 are inconsistent with the Constitution, and therefore void and invalid.
“A declaration that Sections 13,13B,13C &14 Of the Central Bank of Kenya Act CAP 491 is in part, and in whole unconstitutional, and it accordingly stands to be struck from the statute,” he says in the petition.
The lawyer wants the advertisement dated 30 March, 2023 issued by the Public Service Commission reviewed forthwith to abide by the constitutional provisions.
Nyaribo says the advertisement is discriminatory and alienates a large pool of highly qualified professional candidates that fit the roles of deputy governor and governor of the CBK.
He further states that the PSC violated Article 27 on Equality and freedom from discrimination by disqualifying in an unreasonable, unjustifiable, reckless and non-procedural manner, a large pool of professionally industry trained candidates that are otherwise constitutionally permitted to apply.
“In addition to the measures contemplated in clause (6), the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender,” the lawyer said.
The law firm said Article 24(1) provides that a right or fundamental freedom cannot be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors.
