Justice Mrima’s ruling concerning Cabinet Secretaries who weren’t vetted, and the constitutionality of the post of CAS couldn’t have come at a better time for the president.
The timely ruling comes at a time when the president is currently embroiled in a fierce operation to eliminate all options that his deputy might have. Just 48 hours ago, the ruling party moved to terminate its pre-election pact with the United Democratic Alliance in an effort to puncture DP Ruto.
The DP has been using the fact that the party is a sister party to Jubilee as a leeway to advance his political goals.
In Tuesday’s ruling, it was found that Cabinet secretaries who served under Uhuru in his first term were also supposed to be vetted afresh, for a second term in office.
The ruling by High Court Judge Antony Mrima also directed fresh vetting of 10 Cabinet secretaries who were reappointed by the President after his reelection in 2017 without parliamentary interviews.
The judge directed the Attorney General to give a report in 30 days detailing the position of the CASs and Cabinet secretaries in terms of gender and regional balance.
“The term of the President ends with the term of Cabinet. Those who served between 2013 and 2017 should have been re-vetted to join the Cabinet,” said the judge.
The 6 staunch Ruto loyalists caught up in the ruling are Energy CS and former Kericho Senator Charles Keter, Foreign Affairs CAS Ababu Namwamba, Linah Chebii Kilimo, Simon Kachapin, Gideon Mung’aro and Hassan Noor Hassan
In the verdict, Mrima decreed that the positions were unconstitutional for lack of public participation and inclusion of, among other agencies, the Salaries and Remuneration Commission (SRC).
He, however, suspended the judgment until the Covid-19 pandemic flattens, noting that the implication of his judgment would disrupt the functions of the government.