Why KHRC wants court to nullify Ruto cabinet appointments, order fresh names, vetting process

President William Ruto.
Kenya Human Rights Commission (KHRC) has gone to court seeking the nullification of President William Ruto’s new cabinet secretaries, arguing that there was no proper vetting.
The non-governmental organisation says in the petition to the High Court that the conduct of public participation by the National Assembly during the vetting process fell short of the requirements of the constitution and the law.
KHRC further said the lack of proper vetting undermines the integrity of the appointment process, potentially leading to the selection of unqualified or unsuitable individuals for key positions, eroding public trust and compromising good governance.
“The vetting process failed to assess all relevant aspects of a candidate's background, qualifications, and suitability for the role. This led to the appointment of individuals who, for example, were not subjected to full financial probity,” the petition stated.
KHRC and Dr Wanjiru Gikonyo want the court to revoke the appointments of the 19 CSs and the court to direct President Ruto to initiate a fresh appointment process in compliance with the constitution.
This is the fourth petition challenging the CSs with three others pending in court among them those challenging the inclusion of members of the opposition party- ODM in the cabinet.
In the latest petition, KHRC further accuses Parliament of the failure to allegedly look at the integrity and ethical conduct of some of the CSs.
“These aspects were not adequately considered and hence individuals with potential conflicts of interest or questionable ethics were appointed, which can compromise the effectiveness and credibility of the office,” KHRC said.
The NGO submitted that Parliament received memoranda that were never disclosed to the public in advance, and the criteria for their acceptance or rejection were determined in secrecy, without public accountability.
Mr Davis Malombe, the secretary of KHRC said on the rejected memoranda, Parliament did not give the affected individuals an opportunity to address any concerns but instead, it prioritized procedural technicalities over the substance of the submissions.
He said the reasons regarding the memoranda were communicated to the public on August 7, 2024, with the swearing-in occurring the following day on August 8, 2024.
Mr Malombe added that the period allocated for public participation was brief, hampering meaningful appreciation and civic engagement.
He said the timeline effectively prevented the public from thoroughly examining the Appointments Committee Report and exercising their civic rights if they disagreed with its findings.
“Equally, and as a capacity of public participation, the criteria for selecting candidates were not provided to the public beforehand, leaving the public unaware of the factors that guided the decisions of the National Assembly's Appointments Committee,” he said.
Mr Malombe said vetting refers to a situation where the process of evaluating and approving candidates for public office is conducted thoroughly, transparently, in accordance with established procedures.
“It also entails the giving of intelligible reasons for decisions taken by the legislature and its committees. Proper vetting is crucial to ensure that individuals appointed to significant positions, such as Cabinet Secretaries, meet the necessary qualifications, integrity standards, and legal requirements,” he said.