Court Declares Appointment of 128 Kenyans to State Parastatals Unconstitutional

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President Uhuru Kenyatta’s appointment of 128 parastatal heads in 2018 has been declared unconstitutional by the High Court.

In a ruling delivered on Thursday, May 27, a three-judge bench quashed all gazette notices issued in relation to the designations.

Individuals who were appointed to various government parastatals during the period include former Chief of Defense Force Julius Karangi, former Baringo Governor Benjamin Cheboi and Margaret Saitoti.

Other Kenyans affected are Linus Gitahi (Non-Executive Chairperson, Brand Kenya Board),  Kathleen Openda (Chairperson, Council of the Kenya Institute of Mass Communication), Flora Mutahi, (Chairperson, Anti-Counterfeit Agency Board), David Were (Chairperson, Kenya Broadcasting Corporation), Immanuel Ichor Imana (Chairperson, Kenya International Convention Centre Board) and Jackson Kiptanui (Chairman, Kerio Valley Development Authority).

The Court declared that the appointments, which included key political losers and former government officials, were made in an opaque manner, rendering them invalid.

“People of Kenya desired that parastatal appointments must be competitive, fair and transparent considering persons with disabilities and Kenya’s diverse communities,” the court ruled.

The ruling was made following a case filed by Katiba Institute and the Africa Centre for Open Governance (AfriCOG) who sued the State over the appointments saying the law was not followed.

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