Blow to CS Mucheru as court stops appointment of ICT Authority CEO
Ministry of ICT, Innovations and Youth Affairs Cabinet Secretary Joe Mucheru during a past function in Nairobi.
What you need to know:
- The ICT Authority advertised for the position of CEO on May 5, and interested persons submitted their applications.
- Lobby group also wants the court to make an order invalidating any appointments or nominations of public officers made by the CS.
The High Court has stopped Cabinet Secretary Joe Mucheru from appointing the chief executive officer of the ICT Authority, pending the determination of a petition filed by a lobby group.
Justice James Rika of the Employment and Labour Court put on hold the appointment after Uzalendo Institute of Leadership & Democracy argued that the CS has no powers to make appointments during this transition period.
The lobby group argues that if President Uhuru Kenyatta does not have the powers to make appointments of public officers during a period of temporary incumbency, then the Mr Mucheru, being a cabinet secretary, does not have the power to make such appointments as well.
“A conservatory order is granted, restraining the 1st Respondent (CS Mucheru), by himself or through his agents and or proxies, from making the appointment of the Chief Executive Officer, ICT Authority, pending the hearing and determination of this application,” the judge said.
The judge directed the case to be mentioned on September 1, for further directions.
Temporary incumbency
Mr Daniel Kamau Chege, the CEO of the lobby has named the Attorney General Kihara Kariuki and the chairman of the Board of ICT.
His lawyer James Oketch argued that unless the court intervenes and stops the appointments, Kenyans and persons who had applied for the post will be greatly prejudiced if the appointment is done without following the laid down statutory provisions.
He said currently the presidential powers during a temporary incumbency limits the president from nominating or appointing among others, public officers as per Article 134(2)c of the Constitution.
The tenure of a Cabinet Secretary, he said, being tied to that of the President cannot then, nominate or appoint public officers during a temporary incumbency period.
The ICT Authority advertised for the position of CEO on May 5, and interested persons submitted their applications.
On June 9, the ICT Authority wrote to the CS setting out that after a competitive interview was conducted, and a recommendation was made as to the CEO.
Hurried appointments
The finalisation of the process was, however, delayed without any communication to the applicants.
Mr Oketch pointed out that the CS is on the verge of making hurried appointments of the CEO, making any appointments during this period a nullity.
“Despite the Board of the ICT Authority making its decision on the Chief Executive Officer of the ICT Authority, the 1st Respondent failed to adhere to the law and policy on appointment of Chief Executive Officers of State Corporations thus breaching Article 10 on upholding the rule of law as a principle and value of good governance,” he said.
Among the orders being sought is a declaration that the tenure of a Cabinet Secretary is tied to that of the President who appointed the CS and the CS cannot, therefore, nominate or appoint public officers during a temporary incumbency period.
The lobby also wants the court to make an order invalidating any appointments or nominations of public officers made by the CS during the period and an order nullifying any Gazette Notice published by Mr Mucheru.
