Appointment of Vice Chair and Commissioners of PSC Confirmed by Court Decision
High Court Upholds PSC Appointments, Dismisses Petition
In a recent ruling, the High Court of Kenya upheld the appointments of Mary Kimonye as PSC Vice Chairperson and commissioners Boya Molu, Irene Asienga, and Francis Meja. The court dismissed a petition that challenged these appointments, finding no evidence of illegality, irrationality, or procedural impropriety in the appointment process.
The petition, filed by several individuals, claimed that the appointments were contrary to the Public Service Commission (PSC) Act, which requires staggered terms for commissioners. They also argued that President William Ruto exceeded the constitutional limit by appointing eight members, including the Vice Chair, pushing the commission's members to ten against the allowed maximum of nine.
The petitioners further alleged ethnic imbalance, political bias, and violation of Article 233(2) of the Constitution, which states the requirements for staggered appointments. They also contested the eligibility of Francis Meja, claiming he is affiliated with the United Democratic Alliance (UDA) and had participated in party campaigns.
Justice Bahati Mwamuye, presiding over the case, allowed the request for certified copies of the judgment and the typed proceedings. However, the judge ruled that the petition lacked merit and was dismissed.
Justice Mwamuye emphasized the role of the Judiciary under the Constitution, stating that its role is to assess the legality of appointments, not their wisdom. The court highlighted the principles of judicial restraint and separation of powers in constitutional interpretation, finding no constitutional or legal violations in the recruitment process.
Dr Magare, one of the petitioners, has expressed intent to appeal the decision at the Court of Appeal. He requested certified copies of the judgment and the typed proceedings to enable him to file an appeal.
The petitioners had accused the Executive and the National Assembly of disregarding constitutional safeguards and promoting "impunity and irregularities" in public service appointments. However, the court's ruling upholds the legitimacy of the appointments, confirming that they complied with constitutional and statutory requirements.
[1] The Star, "High Court upholds appointments of PSC Vice Chairperson and commissioners," 12th May 2023. [2] Daily Nation, "Court dismisses petition challenging PSC appointments," 13th May 2023. [3] Citizen Digital, "High Court upholds PSC appointments, dismisses petition," 14th May 2023. [4] NTV Kenya, "High Court dismisses petition challenging PSC appointments," 15th May 2023.
The High Court's ruling on the petition challenging the PSC appointments confirmed that these appointments were upheld, deeming them legal and procedurally sound according to policy-and-legislation. Therefore, the appointments of Mary Kimonye as PSC Vice Chairperson, Boya Molu, Irene Asienga, and Francis Meja were not found to be in violation of the Public Service Commission Act or Article 233(2) of the Constitution. Despite claims of political bias and ethnic imbalance, the court found no evidence to support these allegations, further emphasizing the importance of adhering to the Constitution's principles of separation of powers.
