A petition has been filed at the Milimani Law Courts seeking to suspend the appointment of 46 people to the office of high commissioner, ambassadors, and Deputy Ambassadors.
Through his Chief of Staff and Head of Public Service Felix Koskei, President William Ruto on October 4 notified changes in the National Government’s Executive.
The changes, which took effect immediately, included the redeployment, nomination, and appointment of 46 persons to the Office of Ambassadors, High Commissioners and Deputy Ambassadors to the various Foreign Service stations
Based on those changes, Eliud Matindi Karanja in his petition says the President does not have the constitutional authority to redeploy, without the approval of the National Assembly, high commissioners, ambassadors, diplomatic and consular representatives, other than those nominated and, with the approval of the National Assembly, appointed during his current term in office.
He has accused Ruto of failing to abide by the law when he chose to seek approval of the National Assembly for appointment only of some of the persons redeployed, and appointed.
He has also faulted the National Assembly for failing to abide by the law when it approved the appointments of high commissioners and ambassadors even though there is no set remuneration and benefits for persons holding the Office of a high commissioner, ambassador, diplomatic or consular representative in the Foreign Service of Kenya.
“It is my case that 46 persons who are listed as interested parties in this matter were redeployed and appointed to be high commissioners, ambassadors, permanent representatives and Deputy Ambassadors, contrary to the Constitution and the law,” says Matindi.
According to the court documents, Ruto could not lawfully redeploy Amb Tabu Irina, Willy Bett, Mercy Mutuku and Abdi Weli Hussein to Foreign Service missions without fresh approval from the national assembly.
Likewise, Matindi says the appointment of Deputy Ambassadors James Waweru, Dr Alome Achayo, Ambassador Edwin Afande, Valerie Rugene, Irene Maswan, Daniel Tanui, Anthony Nauai, Jayne Luseneka, Mani Manyange, Terry Ramadhani, Lynette Ndile, Ambassador Jackline Moraa Kenani, Ambassador Arthur Andambi and Daniel Nganda to their respective offices was done without the approval of the national assembly.
He says their appointment is unconstitutional as the office to which they were appointed by Ruto is not one provided for in the constitution.
He also argues that there is currently no lawful way to spend public money to pay the remuneration and benefits for persons holding those offices.
Matindi says he has sued SRC because it violated the Constitution by failing to set the remuneration and benefits for persons appointed to the Office of High Commissioner, ambassador, diplomatic and consular representative, a State office as is required in the constitution.
Also sued in the case are the Attorney General and the National Assembly.
