Former Principal Secretary Mary Kimonye can now rest easy after the High Court dismissed a legal challenge questioning her recent appointment as the Vice Chairperson of the Public Service Commission (PSC). The case also targeted the appointment of three other PSC commissioners.
The petition had been filed by Dr. Magare Gikenyi, a Nakuru-based doctor and activist, who argued that Kimonye’s appointment was unconstitutional, irrational, and procedurally flawed. However, in a ruling delivered on Tuesday, August 12, Justice Bahati Mwamuye disagreed with those claims.
In her judgment, Justice Mwamuye emphasized that the role of the court is not to question the wisdom or suitability of government appointments, but to ensure they follow the law.
“This court does not sit in judgment over whether an appointment is wise or unwise. Our duty is to assess its legality,” she stated.
After reviewing the petition, the judge found no evidence that the appointment process had violated the Constitution or any legal procedures. She concluded that the arguments presented lacked sufficient proof to support the claims.
“The petitioners have not demonstrated any constitutional infringement, irrational decision-making, or procedural irregularities. Therefore, the petition filed on January 17, 2025, has no merit and is dismissed,” Justice Mwamuye ruled.
She also ordered that each party bear its own legal costs, meaning there will be no financial penalties awarded in the case.
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