AG Justin Muturi defends Ruto's envoy appointments
Attorney-General Justin Muturi.
Attorney General Justin Muturi has defended the appointments of 46 representatives to foreign missions by President William Ruto last month.
In submissions filed before the High Court, Mr Muturi said President Ruto’s action was made in accordance with applicable law and the provisions of section 22 of the Foreign Service Act.
Mr Eliud Karanja Matindi challenged the appointments arguing that the failure by the Salaries and Remuneration Commission (SRC) to set the remuneration and benefits for persons holding the office of a high commissioner, ambassador, diplomatic or consular representative, makes the actions unconstitutional, null and void.
But Mr Muturi argued that the petition is premised on a lack of appreciation of the role and function of high commissioners, ambassadors, diplomatic and consular representatives.
“That the Petitioner has neither alleged nor adduced any evidence on the unsuitability of any of the interested parties herein for their respective appointments,” said Mr Muturi.
Further, Mr Muturi defended the provisions of section 22 of the Foreign Service Act saying they are constitutional and lawful.
He said despite being given an opportunity before both the National Assembly and before the court, Mr Matindi has not provided any specific ground, personal to any of the representatives, which would disqualify them individually from the appointments.
“His Excellency the President has no role in setting the remuneration and benefits of the State officers including High Commissioners, Ambassadors or Diplomatic and Consular representatives and to that extent cannot be held liable for any alleged failure on the part of an Independent Constitutional Commission,” he added.
According to Mr Muturi, Article 132 (2)(e) of the Constitution confers upon the President, with approval by the National Assembly, the authority to appoint high commissioners, ambassadors, diplomatic and consular representatives.
Mr Matindi wants the High Court to determine whether Dr Ruto acted in accordance with the constitution and the law when he nominated and appointed the 29 high commissioners and ambassadors, without setting of remuneration and benefits for the office.
He also wants the court to determine whether the President acted within the law by reappointing of Willy Bett and Tabu Irina and whether he has powers to appoint deputy ambassadors, without the approval of the National Assembly.
“A plain, natural reading, understanding and interpretation of Article 132[2][e] of the Constitution reveals that it does not provide for reappointments of high commissioners, ambassadors and diplomatic and consular representatives,” said Mr Matindi.
Mr Matindi argued that President Ruto acted outside his constitutional mandate when he appointed the deputy ambassadors, yet the power has been donated to the Public Service Commission, not the President.
