What you need to know:
- Pending the hearing and determination of the matter, Mr Matindi wants the court to issue interim orders restraining the National Assembly from conducting approval hearings for any of the nominees.
- He also wants the court to bar the President, either by himself or through anyone acting at his behest, instructions or directions, from appointing any of the nominees if their nominations are approved by the National Assembly.
A rights activist has petitioned a court to quash President William Ruto's decision to create additional 27 positions in the office of the Chief Administrative Secretary (CAS).
Mr Eliud Karanja Matindi, in the petition filed at the High Court in Milimani, says the Public Service Commission had allowed creation of only 23 CAS offices.
The President, however, in the Notification of Presidential Action dated March 16, nominated 50 people as holders of the CAS office.
The petition has been certified urgent by Justice Hedwig Ong'undi and fixed for mention on March 23, for further directions. The court noted that the matter is of "great public interest".
Mr Matindi argues that the extra 27 positions were created outside the provisions of the Constitution and the law. According to him, the nominations and the intended appointments are riddled with unconstitutionality.
"The Public Service Commission (PSC) proposed, and the President accepted, creation of 23 positions of the office of CAS. The recruitment process carried out by the PSC ... was on the basis of there being 23 vacant positions," Mr Matindi says in the court papers.
"This notwithstanding and, with no explanation, a constitutional or any other legal basis, the President created an additional 27 positions and nominated 50 persons for approval to be appointed to the office," he adds.
The activist has sued the President, Attorney-General Justin Muturi, the National Assembly, Salaries and Renumeration Commission, Public Service Commission, controller of Budget and all the 50 CAS nominees.
Pending the hearing and determination of the matter, Mr Matindi wants the court to issue interim orders restraining the National Assembly from conducting approval hearings for any of the nominees.
He also wants the court to bar the President, either by himself or through anyone acting at his behest, instructions or directions, from appointing any of the nominees if approved by the National Assembly.
"The expressed desire by the President, for the recruitment process to be completed as a matter of urgency and priority, is evident from the speed that has characterised this whole process - from the request for creation of the offices, their creation, shortlisting and interviewing of the candidates and their eventual nomination," says Mr Matindi.
"This included identification of the 50 nominees in a record time of less than five working days after completion of the interviews of 240 shortlisted candidates.
He argues that without the interim orders, the object and purpose of both the application and the petition will be defeated and rendered nugatory.
"Any delay in considering the application and granting the conservatory orders will lead to the application and the petition being overtaken by events," he says.