The High Court has dismissed a petition challenging the appointment of commissioners to the Public Service Commission (PSC), ruling that the petition lacked merit.
The petition, filed by Benjamin Magare Gikenyi and lawyer Eliud Matindi, questioned the legality and constitutionality of the recruitment process that led to Mary Kimonye’s appointment as Vice Chairperson alongside other commissioners.
The petitioners raised concerns over alleged irregularities, including the absence of regional and ethnic balance and possible violations of constitutional principles such as fairness, merit, and inclusivity.
In a judgment delivered on August 12, Justice Bahati Mwamuye emphasised the doctrine of separation of powers and judicial restraint, noting that the court’s role is limited to assessing the legality of appointments, not their policy or wisdom.
The judge found that the petitioners had not established any illegality, irrationality, or procedural impropriety in the appointment process.
“This court does not sit in judgment over the wisdom of appointments but rather their legality. In this case, the petitioners have failed to demonstrate any illegality, irrationality, or procedural impropriety,” the ruling stated.
Accordingly, the court declared the petition dated January 17, 2025, lacked merit and dismissed it, with no orders as to costs.
Following the ruling, the first petitioner, Magare Gikenyi, announced plans to appeal the decision at the Court of Appeal, indicating the dispute over the PSC appointments may continue.
The petitioners had raised concerns about transparency in the recruitment process and compliance with constitutional principles on fairness, merit, and inclusivity.
They also contended that the selection panel and the National Assembly did not ensure adequate public participation and regional balance as required by law.
The respondents, including the National Assembly and the selection panel, maintained that the appointments complied fully with constitutional and statutory requirements.
