A Nyamira voter wants the court to stop Parliament from vetting the 51 Permanent Secretaries nominated by President William Ruto.
Fredrick Bikeri also wants the court to restrain the National Assembly from receiving the list of nominees, vetting or in any way proceeding, processing the nomination for appointment or appointing the 51 nominees.
Through lawyer Danstan Omari, Bikeri argues that the list lacks ethnic balance, gender balance and the face of the 42+ tribes of Kenya.
“If this court does not stop this process, the National Assembly will be debating or vetting an illegal list which is unconstitutional and which does not reflect the principles of governance,” Omari says.
He adds that the actions of the National Assembly may lead to autocratic governance, exclusion of all concerned parties and as a result, loss of public confidence to the detriment of many other communities in the country.
“The actions of the President in nominating who are seemingly close to him in exclusion of those perceived to be in opposition does not reflect his essence as a symbol of national unity and who ought to apply in total the principles of good governance as e listed in article 10 of the Constitution,” the petitioner claims.
Bikeri claims that the Kisii community and in particular Nyamira county has not gotten any slot(s) in the purported nomination which is a clear departure from principle of inclusivity and good governance envisaged in article 10 of the Constitution.
“It is important to maintain constitutionalism, rule of law, good governance, non discrimination and protecting of the Constitution for the best interest of the larger public,” he notes.
According to the voter, the said list of nominees does not reflect nor ensure gender balance, regional balance, tribal balance, inclusivity of marginalised contrary to the tenets of good governance as demanded by article 10, 54, 55, 56 and 57 of the Constitution.
He avers that there is no justification whatsoever why the impugned nominations do not depict national representation including but not limited to the youth, people with disability, the marginalised, the elderly among others.
“It is in the interest of justice that fairness, constitutionalism, enforcing fair labour practices, ensuring inclusivity that this matter is heard urgently and orders sought granted,” the petitioner states.