A Nakuru-based doctor, Dr. Magare Gikenyi, along with two other citizens, has filed a petition in the Milimani High Court to challenge the recent appointments made by President William Ruto to various state corporations.
The petitioners in a lawsuit filed on January 2,2025 at the Employment and Labour Relations Court in Nairobi, argue that these appointments are not only unconstitutional but also violate the legal requirements surrounding public service recruitment.
On December 20, 2024, the President announced through a press release made by Mr. Felix K. Koskei, the Chief of Staff and Head of Public Service, that Mwaura had been moved from his position as Chairman of the Kenya Revenue Authority (KRA) to Chairman of the Kenya Rural Roads Authority (KeRRA).
Muriithi, Gitura, and Wa Iria were also appointed as non-executive chairpersons to the boards of the Kenya Revenue Authority, Kenyatta University Teaching, Referral, and Research Hospital, and the Public Procurement Regulatory Board, respectively.
However, the petitioners contend that Mwaura’s appointment to KeRRA does not comply with the statutory provisions set out in the Kenya Roads Act.
According to the Act, the Chairman of KeRRA must possess expertise in fields such as highway engineering, surveying, urban and regional planning, transport economics, or farming.
Dr. Gikenyi, in an affidavit on behalf of the co- petitioners, emphasized that, “Mwaura lacks the necessary expertise in any of the specified fields, and his appointment is therefore in direct contravention of the law.”
The petitioners further claim that Mwaura was not nominated by any of the relevant organizations as required by Section 8(2) of the Kenya Roads Act, which mandates nominations from specific groups before a Cabinet Secretary can make an appointment.
The petitioners claim that no annual general meeting took place where Mwaura’s nomination could have been approved by these groups, rendering his appointment illegal.
Dr. Gikenyi and his co-petitioners also point to potential conflicts of interest, as Mwaura is a proprietor of Toddy Civil Engineering, a company involved in construction and civil engineering.
Dr. Gikenyi pointed out, “It is clear that the statutory procedures were not followed, rendering Mwaura’s appointment illegal and unconstitutional.
The issue of Mwaura’s integrity has also been raised in the petition.
They refer to an ongoing legal case in which Mwaura was implicated in corruption and economic crimes related to the Nairobi Milimani Chief Magistrate’s Court. Although the case was dropped, Dr. Gikenyi and his fellow petitioners argue that Mwaura’s integrity remains questionable and that appointing him to such a high-profile government position undermines the principles of leadership and integrity as outlined in Chapter Six of the Kenyan Constitution.
“While he was not convicted, the mere implication in corruption cases puts into question his fitness for such a high-profile public office,” Dr. Gikenyi stated.
In addition to challenging Mwaura’s appointment, the petitioners are also disputing the appointments of Muriithi, Gitura, and Wa Iria, arguing that these were made without a competitive recruitment process.
They argue that the appointments were made through political favoritism and headhunting, bypassing the established processes of merit-based selection and public participation
“These appointments were politically motivated and bypassed the necessary legal requirements,” Dr. Gikenyi asserted.
The petitioners argue that the lack of a competitive process violates Article 232 of the Kenyan Constitution, which mandates merit-based appointments in the public sector.
“The Constitution is clear: all public service appointments must be made based on merit and through a transparent process,” Dr. Gikenyi said.
The petitioners have requested the court to issue a conservatory order suspending the appointments of Mwaura, Muriithi, Gitura, and Wa Iria while the case is being heard.
They are also asking the court to declare that all public appointments must adhere to constitutional principles of transparency, fairness, and merit.
“It is imperative that the government respects and upholds the Constitution,” Dr. Gikenyi stated.
“These appointments not only undermine the rule of law but also damage public trust in the integrity of public office.”
The petitioners are seeking a judicial review order to quash the appointments and compel the government to carry out a legal, competitive, and merit-based recruitment process for the positions in question.
“We want the court to order that all future appointments comply with the constitutional provisions set out in Articles 10, 73, and 232,” Dr. Gikenyi concluded.
The case is pending hearing.
