The Attorney General has filed an opposition to a case filed by a human rights activist seeking to halt the appointment of 46 people to the positions of high commissioner, ambassador, and Deputy Ambassador.
In response to a complaint brought by Eliud Matindi, the AG has urged the court not grant any of the orders sought since Matindi has not provided evidence that the 46 are unfit to hold the positions.
On October 4, President William Ruto announced changes to the National Government’s Executive.
The changes, which went into effect immediately, included the redeployment, nomination, and appointment of 46 people to the offices of Ambassadors, High Commissioners, and Deputy Ambassadors across the Foreign Service.
Based on those changes, Matindi filed a lawsuit, claiming that the President lacks the constitutional authority to redeploy high commissioners, ambassadors, diplomatic and consular representatives other than those nominated and appointed with the National Assembly’s approval during his current term in office.
He accused Ruto of breaking the law by seeking clearance from the National Assembly for only a portion of the redeployed and appointed officials.
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.
However, on 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 affidavit.
He maintains that Matindi the petitioner in the matter has not provided any specific reason that would disqualify the 46 individually.
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.
