Following today’s May 27, 2021, landmark ruling by the High Court, a record 128 Presidential appointees to the heads of parastatals are currently facing mass firing.
This is after a three judge bench constituting justices Jessie Lessit, Chacha Mwita and Lucy Njuguna declared President Uhuru Kenyatta’s earlier appointments unconstitutional and not following due process.
Among those to face the axe following the new development are, former chief of Defense force Julius Karangi, former Governor Benjamin Cheboi and the late former Vice president George Saitoti’s widow Margaret Saitoti, former Mombasa gubernatorial candidate Suleiman Shabhal, among others.
This follows an earlier file suit by Katiba Institute and Afcog which sued the State, arguing that the appointments had been made in an unconstitutional manner.
The judiciary and executive have been on the warring path due to a number of rulings changing the political direction in the Country.
Just recently last month on April 20, the courts declared the appointments of 29 Chief Administrative Secretaries (CASs) earlier done by President Uhuru as illegal.
Judge had also ordered that those Cabinet Secretaries (CSs) who had not been vetted in 2017, were in office illegally.
The relationship between Judiciary and the Executive was also recently further dented after the courts landmark ruling on the BBI declaring it all null, void, unconstitutional, and unpopular.
The five Judge bench also noted that the head of state can as well be sued in own capacity if he acts without the law.
“The president can be sued personally if he acts outside the law or does anything in disregard of the Constitution of Kenya,” stated judge Chacha Mwita.