Africa-Press – Kenya. The Attorney General has opposed a case filed by a human rights activist seeking to suspend the appointment of 46 people to the office of high commissioner, ambassadors, and Deputy Ambassadors.
In response to a case filed by Eliud Matindi, the AG has urged the court not to grant any of the orders sought because Matindi has not provided evidence to show that the 46 are not suitable to occupy the respective offices.
On October 4, President William Ruto notified changes in the National Government’s Executive.
The changes, which took effect immediately, included the redeployment, nomination, and appointment of 46 persons to the Office of Ambassadors, High Commissioners and Deputy Ambassadors to the various Foreign Service stations.
Based on those changes, Matindi moved to court saying the President does not have the constitutional authority to redeploy, without the approval of the National Assembly, high commissioners, ambassadors, diplomatic and consular representatives, other than those nominated and, with the approval of the National Assembly, appointed during his current term in office.
He accused Ruto of failing to abide by the law when he chose to seek approval of the National Assembly for appointment only for some of the persons redeployed, and appointed.
He also faulted the National Assembly for failing to abide by the law when it approved the appointments of high commissioners and ambassadors even though there is no set remuneration and benefits for persons holding the Office of a high commissioner, ambassador, diplomatic or consular representative in the Foreign Service of Kenya.
But in his rejoinder, Chief State Counsel Emmanuel Bita for the AG says the President has no role in setting the remuneration and benefits of state officers, including High Commissioners, Ambassadors or Diplomatic and Consular representatives.
He argues that the President cannot be held liable for any alleged failure on the part of an independent constitutional commission.
“The Presidential appointees were appointed to existing offices whose previous office holders were remunerated by the state on defined terms accessible to the Petitioner,” reads Bita’s affidavit.
He maintains that Matindi the petitioner in the matter has not provided any specific reason that would disqualify the 46 individuals from being appointed to the positions into which they were appointed even as he was given such an opportunity to do so before the National Assembly.
According to the court documents, Matindi says Ruto could not lawfully redeploy Amb Tabu Irina, Willy Bett, Mercy Mutuku and Abdi Weli Hussein to Foreign Service missions without fresh approval from the national assembly.
Likewise, Matindi says the appointment of Deputy Ambassadors James Waweru, Dr Alome Achayo, Ambassador Edwin Afande, Valerie Rugene, Irene Maswan, Daniel Tanui, Anthony Nauai, Jayne Luseneka, Mani Manyange, Terry Ramadhani, Lynette Ndile, Ambassador Jackline Moraa Kenani, Ambassador Arthur Andambi and Daniel Nganda to their respective offices was done without the approval of the national assembly.
He says their appointment is unconstitutional as the office to which they were appointed by Ruto is not one provided for in the constitution.
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