Outgoing ICT CS Joe Mucheru under storm from Ruto’s administration
3 min readOutgoing ICT CS Joe Mucheru is under storm from Ruto’s administration over his late appointments towards the end of Uhuru’s tenure.
Joe Mucheru, the outgoing Cabinet Secretary for ICT, Innovation, and Youth Affairs, is at the center of a dispute for control over the ICT Authority.
As former President Uhuru Kenyatta’s term came to an end on August 8, one day before the general election, Mucheru appointed Stanley Kamanguya as the corporation’s CEO.
According to paperwork submitted to the Labour Relations Court in Nairobi, Mr. Kamanguya came in second place after the May interviews after scoring 73.4 points as opposed to Dr. Paul Kiprono Ronoh, who took first place with 82.7 points. With 71.4 points, Fredrick Okoth Bitta finished third.
The corporation’s board of directors informed the staff of Mr. Kamanguya’s appointment on September 15.
The court had issued orders on August 23 barring the appointment of a substantive CEO at the time of the communication.
The orders were sent to Mr. Mucheru as a result of a lawsuit brought by the rights advocacy group Uzalendo Institute of Leadership and Democracy, which questioned Mr. Mucheru’s authority to appoint such high-profile government agency positions.
Mr. Mucheru stated that Mr. Kamanguya would serve as CEO for three years in a Gazette notification dated August 8.
However, according to the court order Judge James Rika imposed, Dr. Ronoh must continue working until the conflict is settled.
In the legal dispute, Mr. Mucheru is accused of mischief for appointing a prominent public official during the changeover.
All Cabinet and principal secretaries had also received a directive from Head of Public Service Kinyua that barred appointments by CSs to boards of state corporations or agencies as well as redeployments and promotions to any positions within ministries and state departments.
The lobby claims that because Mr. Kamanguiya’s hiring occurred at a time of transition, it was unlawful and unconstitutional.
“If the President does not have the power to make appointments of public officers during temporary incumbency, then Mucheru, being a Cabinet Secretary, does not have the power to make appointments of public officers as well during such a period.”
It argues that the office tenure of a Cabinet Secretary is tied to that of the President. Therefore, a CS cannot nominate or appoint public officers during a president’s temporary incumbency.
The group has listed the CS, the chairman of the ICT Authority, which is being represented in the suit by lawyer Kibiru Njenga, and the Attorney General as respondents.
The lobby says that the recruitment was made during a transition period and wants the court to declare that the tenure of a CS is tied to that of the President, hence a CS cannot nominate or appoint public officers during a president’s temporary incumbency period.
It is also seeking an order invalidating any appointments or nominations of public officers by CS Mucheru during the temporary incumbency provided under Article 134 of the Constitution.
It further seeks an order nullifying the Gazette notice whose effect was to make appointments during temporary incumbency.
Also read,
Mudavadi calls for patience as he reassures Kenyans of economic turnaround
Ruto’s plan to appoint 49 Principal Secretaries after unveiling his cabinet
Ruto goes after CS Mucheru over his last-minute appointment
Follow us
