By Chris Ojow
The Country Proposed nominees of 51
Principal Secretaries by the Government
employer Public Service Commission faces
new serious obstacles on claims of
being sidelined as a ceremony to take
charge in their respective offices
slowly being jeopardized after residents
of Nyamira County cried foul for being
left out in the current ongoing
appointments.
Through a petition filed in Court by
Lawyer Danstan Omari the applicant
stressed that they have been
marginalized in the ongoing State
appointments despite the fact that they
overwhelmingly voted for the Kenya
Kwanza ruling party.
“That in exclusion of at least a Nyamira
County Representative, the impugned
list of nominees leads to ethnic
marginalization, which is unfair labour
practices contrary to article 41 of the
constitution as read together with
Section 5 of the Employment Act, 2007”
stressed Danstan Omari Representing the
petitioners.
The petitioner Fredrick Bikeri through
lawyer Danstan Omari is urging the court
under certificate of urgency to issue
an order restraining the Country
National Assembly from receiving and
endorsing the list of principal
Secretaries nominees, vetting or in any
way proceeding and processing for the
appointment of the alleged biased list
of 51 selected Principal Secretaries.
In his one of the several prayers in the
petition, the applicant argues that
the said list of persons appointed to
the rank of Principal Secretary does not
reflect nor ensure gender balance,
regional balance, tribal balance,
inclusivity of the marginalized,
contrary to the tenants of good
governance as demanded by articles 10,
54, 55, 56 and 57 of the Constitution of
Kenya 2010.
The applicant further stresses that the
impugned list unless constituted
according to the dictates of the
constitution of Kenya 2010, it may lead
to misuse of resources contrary to
article 201(d) prudent and responsible
way of utilizing public resources in
what seems as favoritism in public
office nominations.
“It is in the interest of justice,
fairness, constitutionalism, enforcing
fair labour practices, ensuring
inclusivity that this matter is heard
urgently and orders sought granted,”
says Bikeri in his filed court
documents.
“If this court does not stop this
process, national assembly will be
debating or vetting an illegal list
which is unconstitutional and which does
not reflect the principles of
governance,” Danstan Omari stressed.
The applicant says that the exclusion
of at least a Nyamira County
Representative, to the impugned list of
Principal Secretaries nominees leads to
ethnic marginalization, which is unfair
labour practices contrary to article 41
of the constitution as read together
with Section 5 of the Employment Act,
2007.
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