Employment and Labour Relations court has temporarily stopped CS Ministry for ICT Joe Mucheru from appointing ICT Authority CEO until a new Government is sworn.
Justice James Rika on August 23 issued a conservatory order restraining CS Mucheru from making the appointment of the Chief Executive officer ICT Authority pending the hearing and determination of the suit.
"Conservatory order is granted, restraining the 1st Respondent, by himself or through his agents and/ or proxies, from making the appointment of the Chief Executive Officer, ICT Authority, pending the hearing and determination of this Application," Justice Rika ordered.
In the application filed by Uzalendo Institute of Leadership and Democracy, a non governmental organization, it was argued that the tenure of a Cabinet Secretary being tied to that of the President who made the appointment, a CS cannot nominate and/or appoint public officers during a temporary incumbency period of a president.
Through the organization's Chief Executive officer Daniel Kamau, he says that a General election was conducted on August 9, 2022 and currently there is a transition to a new Government.
That Under Article 73(2) of the Constitution, the guiding principles of leadership and integrity which guides the exercise of public trust by a State Officer include objectivity and impartiality in decision making.
It also entail ensuring that decisions are not influenced by nepotism, favouritism, other improper motives or corrupt practices and selfless service based solely on the public interest, demonstrated by accountability to the public for decisions and actions.
Kamau argued that Article 153(2) of the Constitution provides that Cabinet Secretaries are accountable individually and collectively, to the president for the exercise of their powers and performance of their functions.
"Currently the presidential powers during a temporary incumbency limits the president from nominating and/or appointing among others public officers pursuant to Article 134(2)c of the Constitution", court documents read.
He argue that if the CS makes appointment for the post of Chief Executive officer, ICT Authority, when the president is exercising his powers under a temporary incumbency, applicants for the said position will be highly prejudiced, the said appointment being constitutionally barred.
He wants the court to issue a conservatory order restraining the CS ICT whether acting directly or through third parties, agents and/or proxies from making the appointment of the Chief Executive officer, ICT Authority, pending the hearing and determination of this application.
Kamau states that members of the public stand to suffer irreparable harm if the Orders sought are not granted as the service delivery will be curtailed due to irregular appointment of the Chief Executive officer.
The Chairman ICT Authority board and the AG have been listed as second and third Respondents.
The matter will be mentioned on September 1.