NAIROBI, Kenya, Jan 23 – The Supreme Court has ruled that a petition seeking the removal of several Principal Secretaries appointed by President William Ruto will proceed, dealing a blow to efforts to halt the case at an early stage.
In its decision, the apex court declined to stop proceedings in a case challenging the legality of the appointments, allowing the matter to continue through the judicial process.
The petition questions whether the appointment of the Principal Secretaries complied with constitutional requirements, including public participation, merit-based selection and adherence to the principles of leadership and integrity under Chapter Six of the Constitution.
The case was filed by petitioner Dr Magare Gikenyi, who argues that the appointments violated the Constitution and should therefore be invalidated. He has asked the court to nullify the appointments and compel the government to conduct a fresh, constitutionally compliant recruitment process.
The Attorney General and other respondents had sought to block the case, arguing that the appointments were lawfully made and that the matter falls within the President’s executive authority. They also contended that the courts should not interfere with executive functions once appointments have been confirmed.
However, the Supreme Court ruled that the issues raised touch on constitutional interpretation and accountability, and therefore warrant judicial scrutiny.
The decision means the case will now proceed to a full hearing, where the court will consider whether the process used to appoint the Principal Secretaries met constitutional and legal thresholds.
The ruling is likely to have broader implications for future senior government appointments, particularly on the extent to which courts can review executive decisions in the public interest.
