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President William Ruto addressing Cabinet and Principal Secretaries after signing Performance Contracts on November 19, 2024. /PCS.

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Apex Court Allows Case Challenging Appointment of 51 Principal Secretaries to Proceed

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.

NAIROBI, Kenya, Jan 23 – The Supreme Court has dismissed a bid by the Attorney General to stop proceedings in a case challenging the legality of the appointment of 51 Principal Secretaries by President William Ruto.

In its decision, the apex court ruled that the matter should proceed through the judicial process, dealing a blow to efforts to halt the case at an early stage.

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 petition was filed by Magare Gikenyi, who argues that the appointments violated the Constitution and should therefore be invalidated.

Gikenyi is seeking orders nullifying the appointments and compelling the government to conduct a fresh recruitment process that fully complies with constitutional requirements.

The Attorney General and other respondents had sought to block the case, arguing that the appointments were lawfully made and fall 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 determine whether the process used to appoint the Principal Secretaries met the required constitutional and legal thresholds.

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