Newly appointed PSC commissioners face court battle over appointment legality
High Court Judge Bahati Mwamuye directed that the commissioners, Attorney-General Dorcas Oduor and Parliament be served with the court documents.
The appointment of four commissioners to the Public Service Commission (PSC) has been challenged in the High Court, with claims that the process violated constitutional requirements.
Dr Benjamin Magare-Gikenyi from Nakuru, alongside lawyer Eliud Matindi, filed a petition on Tuesday seeking to overturn the appointments of PSC Vice Chairperson Mary Kimonye and commissioners Boya Molu, Irene Asienga, and Francis Meja.
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The petition argues that the appointments were made in contravention of constitutional provisions.
“The Public Service Commission plays a critical role as it oversees the entire public service. It must be lawfully and constitutionally constituted, free from illegality and ethnic bias,” Gikenyi states in court documents.
High Court Judge Bahati Mwamuye directed that the commissioners, Attorney-General Dorcas Oduor and Parliament be served with the court documents.
In the petition, Gikenyi highlights specific concerns about the appointments. He contends that the selection of Mary Kimonye as the Vice Chairperson contravened the Constitution, as she belongs to the same ethnic community as the PSC Chairperson, Anthony Mwaniki.
Served in other commissions
The petition also challenges the eligibility of Irene Asienga and Boya Molu. The two had previously served as commissioners in other constitutional bodies — the Commission for Revenue Allocation (CRA) and the Independent Electoral and Boundaries Commission (IEBC), respectively — for a full six-year term.
“They are not eligible for reappointment as commissioners of the PSC, having completed their term in other commissions,” Gikenyi says.
The inclusion of Francis Meja as a commissioner is also contested. The petition claims that Meja is a member of the United Democratic Alliance (UDA) party and actively participated in its campaigns during the last general election, which disqualifies him from serving in the PSC.
The petitioners also argue that the appointments breach the PSC Act, which requires staggered terms to ensure continuity in the commission. They state that the simultaneous appointments of all the new commissioners disregard this legal requirement.
Gikenyi further alleges that President William Ruto exceeded the constitutional limit of nine PSC members by appointing eight individuals, including the vice chairperson, despite there being only seven vacancies.
“This brings the total membership of the commission to 10, which violates Article 233(2) of the Constitution,” the petition reads.
The petitioners argue that the actions of both the President and the National Assembly undermine constitutional principles and promote impunity and irregularities. They are seeking the court’s intervention to annul the appointments and uphold constitutionalism.
The case will be mentioned on March 4, 2025 for further directions.
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