BY SAM ALFAN.
A judge has directed Parliament to collate and preserve all documents and records relating to the nomination, vetting, and appointment of the 19 Cabinet Secretaries who were sworn into office Thursday.
Justice Bahati Mwamuye issued the order requiring National Assembly and any other State or Public Office or Agency involved in the process to preserve any documents that were used in the exercise.
The documents will be preserved pending the determination of the petition filed by Kenya Human Rights Commission and Wanjiru Gikonyo.
The lobby group has challenged the appointment of the cabinet secretaries arguing that there was no meaningful public participation and integrity issues surrounding some members of the cabinet.
It is their argument that the vetting of the nominees fell short of the requirements of the Constitution and the law.
The commission said the unilateral rejection of memoranda by the National Assembly without informing the concerned, and in any case without affording the concerned parties the opportunity to remedy was illegal and unconstitutional.
“A declaration that any of the Cabinet Secretaries appointed contrary to the advice of the Ethics and Anti-Corruption Commission are unfit to hold office and as such, any such appointments are unconstitutional and illegal,” seeks the petitioners.
They further want the court to direct the President to initiate a fresh appointment process in compliance with the Constitution.
They further seeks court to declare that the National Assembly acted in contravention of the Constitution by not providing to the public beforehand, the criteria that was to be used for the assessment of the candidature of the Cabinet Secretary nominees.
“A declaration that the National Assembly and its respective committees did not conduct proper vetting as required under the Constitution and the law,” seeks the commission and Gikonyo.
