Petitioner challenges President Ruto's envoy nominees

The appointment of 46 ambassador nominees has been challenged at the High Court, with a petitioner saying the appointments are against the Constitution.

The petition asks the court to suspend President William Ruto's appointment of 46 people as High Commissioners, Ambassadors and Deputy Ambassadors.

On October 4, 2023, President Ruto, through his Chief of Staff and Head of Public Service Felix Koskei, announced changes in the Executive branch of the national government.

The changes, which took effect immediately, included the reassignment, nomination and appointment of the 46 individuals to the posts of High Commissioners, Ambassadors and Deputy Ambassadors to the various Foreign Service posts.

Based on these amendments, a petitioner, Eliud Matindi Karanja, says the President does not have the constitutional authority to transfer High Commissioners, Ambassadors, Diplomatic and Consular Representatives without the approval of the National Assembly, except those who were nominated and appointed with the approval of the National Assembly during his current term.

He has accused President Ruto of failing to comply with the law when he chose to seek the approval of the National Assembly for the appointment of only some of the people who were transferred and appointed.

He has also accused the National Assembly of failing to abide by the law when it approved the appointments of High Commissioners and Ambassadors when there is no fixed remuneration and benefits for persons holding the office of High Commissioner, Ambassador, Diplomatic or Consular Representative in the Foreign Service of Kenya.

"It is my case that 46 people listed as interested parties in this matter were transferred and appointed as high commissioners, ambassadors, deputy ambassadors and permanent representatives in contravention of the constitution and the law," says Matindi.

According to the court documents, the President could not lawfully transfer Ambassadors Tabu Irina, Willy Bett, Mercy Mutuku and Abdi Weli Hussein to foreign service posts without fresh approval from the National Assembly.

Similarly, Mr Matindi says the appointment of Deputy Ambassadors James Waweru, Dr Alome Achayo, Ambassador Edwin Afande, Valerie Rugene, Irene Maswan, Daniel Tanui, Anthony Nauai, Jayne Luseneka, Mani Manyange, Terry Ramadhani, Lynette Ndile, Ambassador Jackline Moraa Kenani, Ambassaor Arthur Andambi and Daniel Nganda to their respective posts was done without the approval of the National Assembly.

He further states that their appointment is unconstitutional because the office to which they were appointed by the Head of State is not one provided for in the Constitution.

He also argues that there is currently no lawful way of spending public money to pay the salaries and benefits of persons holding these offices.

The petitioner further states that he has sued the Salaries and Remuneration Commission (SRC) for violating the Constitution by failing to fix the remuneration and benefits of persons appointed to the office of High Commissioner, Ambassador, Diplomatic and Consular Representative, a state office, as required by the Constitution.