Kenya Human Rights Commission files petition to revoke appointment of cabinet secretaries News
jorono / Pixabay
Kenya Human Rights Commission files petition to revoke appointment of cabinet secretaries

The Kenya Human Rights Commission (KHRC) and public activist Wanjiru Gikonyo filed a petition in the High Court of Kenya on Thursday to challenge the recent appointments of cabinet secretaries in the country. The petition seeks to nullify the appointments of all 19 cabinet secretaries sworn in by President William Ruto just a day earlier.

The petition named the attorney general and the National Assembly as respondents, while the Law Society of Kenya, Transparency International Kenya and the newly appointed cabinet secretaries were listed as interested parties. The petitioners argued that the vetting and appointment process violated the nation’s constitution, particularly concerning public participation and integrity standards. The petition relied on several provisions of the constitution, including Articles 10, 73 and 118, which uphold these standards.

The KHRC and Gikonyo raised several critical issues, including a lack of accountability during the vetting process and the failure to adequately address integrity concerns. The petitioners contended that the criteria used by the National Assembly’s Appointments Committee to assess the nominees were not disclosed to the public in advance, thereby limiting the public’s ability to provide meaningful input.

According to the petition, the Appointments Committee received 813 memoranda from the public regarding the suitability of the nominees. However, 656 of them were rejected on procedural grounds as they were not sworn under oath as required by law. The petitioners argued that the National Assembly prioritized procedural technicalities over the substance of public submissions and did not allow those whose memoranda were rejected an opportunity to address the concerns raised.

The KHRC also criticized the rushed nature of the swearing-in ceremony, which took place on Thursday, just one day after the release of the Appointments Committee’s report. They argued that this left the public with insufficient time to review the report and exercise their civic rights if they disagreed with the committee’s findings.

The petition seeks several declarations from the court, including that the vetting process did not meet constitutional requirements for public participation and that the appointments themselves are illegal and unconstitutional. The petitioners also requested an order for the revocation of the appointments and for President Ruto to initiate a fresh appointment process that complies with the Constitution.

President Ruto dismissed nearly his entire cabinet and the attorney general in July after numerous protests took place in Kenya. The protestors contested the Kenyan government’s attempts to pass the Finance Bill, a controversial bill that sought to place or add taxes on various goods and services including cancer treatment, sanitary pads and diapers. After weeks of violent protests in the country, President Ruto withdrew the bill at the end of June.

THIS DAY @ LAW

President Harding signed "anti-beer bill"

On November 23, 1921, President Warren G. Harding signed the Willis-Campbell Act, popularly termed the "anti-beer bill," prohibiting doctors from prescribing beer or liquor for medicinal purposes.

Convention on Cybercrimes opens for signature

On November 23, 2001, the Convention on Cybercrime was opened for signature in Budapest, Hungary, before entering into force on July 1, 2004. The Convention seeks to coordinate the Internet laws of signatory states and promote international enforcement of cybercrime laws. Learn more about the Convention on Cybercrime from the Council of Europe.