Activist Sues to Stop Appointment of Ruto's 51 PS Nominees over Lack of Inclusivity

Nairobi-based activist Fredrick Bikeri has moved to court to stop the vetting and approval of 51 Principal Secretaries (PSs) nominated by President Ruto.

Through lawyer Danstan Omari, the petitioner argues that the list unveiled last week is unconstitutional as it lacks inclusivity in terms of gender balance, regional balance, tribal balance, and inclusion of marginalized communities.

"The action of H.E the president of the Republic of Kenya in nominating persons who are seemingly close to him in exclusion of those perceived to be in opposition does not reflect his essence as a symbol of national unity and who ought to apply in total the principles of good governance as enlisted in article 10 the Constitution of Kenya 2010," reads court papers.

Gikeri avers that if the High Court fails to suspend the appointment process for the 51 PS nominees, then Parliament will be debating or vetting an illegal list that is unconstitutional and does not reflect the principles of governance.

He says the nominations do not depict national representation including but not limited to the youth, people with disability, the marginalized, and the elderly.

This is the second petition challenging President Ruto’s PS nominations after one filed by Dr. Benjamin Gikenyi, who argues that the list is unlawful for lacking inclusivity. 

Dr. Gikenyi, a surgeon, says the list consists of 14 women which does not amount to a third of the total nominations. The constitution states that no one gender should occupy more than two-thirds of appointive and elective bodies.

He has also highlighted the issue of regional balance arguing that two communities form 65 percent of the appointments.