President William Ruto has suffered a major legal setback after the High Court declared his Executive Orders on public service hiring and management of state corporations invalid.
The court ruled that the President’s directives violated the Constitution by interfering with the powers of the Public Service Commission (PSC).
The ruling came after a petition filed in 2024 by the Law Society of Kenya (LSK), which challenged Executive Order No. 3 of 2024.
The LSK argued that the President’s move to change the hiring and management procedures for board members and staff in state corporations was unconstitutional.
According to the LSK, the Executive Order introduced new rules that required state corporations to seek approval from Cabinet Secretaries and the State Corporations Advisory Committee before hiring, transferring, or determining terms of service for employees.
The society said this directive effectively sidelined the PSC, which is the only body authorized by the Constitution to oversee the public service sector.
The LSK told the court that these new guidelines, published in Gazette Notice No. 6265 on May 24, 2024, gave excessive powers to the State Corporations Advisory Committee and Cabinet Secretaries, allowing them to make key employment decisions.
This, the society argued, opened the door to political interference in the public service, undermining merit-based recruitment and professionalism.
The petition further emphasized that the Constitution, under Article 234, grants the PSC exclusive authority to establish offices, appoint and remove public officers, and determine their terms of service.
Therefore, these powers cannot be transferred or assumed by any other office or individual, including the President. The LSK also requested the court to affirm that all state corporations and public universities fall under the PSC’s oversight.
In his ruling, Justice Lawrence Mugambi agreed with the LSK, stating that only the PSC has the legal mandate to handle matters related to hiring, appointments, and conditions of service for public officers. He noted that the President had overstepped his powers by attempting to take over functions reserved for the PSC.
“Any effort to transfer or delegate the specific constitutional duties of the Public Service Commission, except as permitted under Article 234 (5) of the Constitution, cannot be justified,” Justice Mugambi stated in his decision.
The judge also criticized the implementation of the order, pointing out that the Salaries and Remuneration Commission (SRC) was not involved in reviewing or approving remuneration and benefits for public officers, which is a legal requirement.
As a result, the court nullified the entire Executive Order and all the guidelines issued under it. It also declared that any appointments or employment terms established under the order were invalid.
Justice Mugambi concluded that the President’s directives went against the principles of constitutional governance and accountability, reaffirming that the PSC remains the sole authority in charge of managing Kenya’s public service.
This ruling serves as a significant reminder that even the highest office in the land must operate within the confines of the Constitution and respect the independence of constitutional commissions.
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