NAIROBI, Kenya, Sep 20 – The appointment of Mumo Matemu as the chairman of the Ethics and Anti Corruption Commission (EACC) has been nullified by the High Court.
Justices Joel Ngugi, Mumbi Ngugi, and George Odunga ruled that Parliament and the Executive had overlooked issues raised about Matemu’s integrity while he worked at the Agricultural Finance Corporation (AFC).
Matemu was alleged to have been involved in impropriety when he worked for AFC.
The ruling by the three-judge bench stated that the High Court is out to protect and uphold the Constitution which calls for high integrity of public officers.
The judges pointed out that there was no evidence to show that there was a probe to clear Mumo of allegations of wrong-doing.
The judges ruled that proper procedure could not be deemed to have been duly followed if it was apparent that the appointment process was carried out in a manner devoid of a proper inquiry into pertinent issues related to the qualification of Matemu.
“The people of Kenya did not intend that the provisions of the Constitution on integrity and suitability of people for the public offices be merely suggestions, superfluous or ornamental; they did not intend to include these provisions as lofty aspirations,” read the 58-page judgment.
The case challenging Mumo’s appointment was filed by the Trusted Society of Human Rights Alliance.
The appointment was temporarily halted by the High Court in Nakuru pending the hearing and determination of the case.