A City Lawyer Charles Mugane has filed an application challenging a gazette notice number 10848 dated August 15, 2023, issued by the Cabinet Secretary for Public Service, Gender and Affirmative Action Aisha Jumwa appointing the Multi-Sectoral Working Group.
In the gazette notice, CS Jumwa appointed; Veronica M. Nduva — Chairperson Daisy Amdany — Co-Chairperson and Members: Harriet Chiggai, Faith Nziku Kasiva, Anne Nderitu, Tecla Tum, Angela Wambugu, Mercy Jelimo, Beatrice Kamau, Rahab Muhia, Mitchelle Oyuga, Lucy Mitei, Sarah Muhoya, Ruth Makuthu, Beth Michoma, Stellah Chepkemboi Ruttoh, Franklin Mukhwanja, Joint Secretaries: Jacqueline N. Makokha, Richard Miano, Eva Mageto, Sylvester Mbithi, Christabel Wekesa, Rhoda Misiko.
In the petition, Advocate Mugane says that on August 15, 2023, the public learned vide a gazette notice that the CS Aisha Jumwa who is mentioned in the petition as the 1st Respondent, had established and appointed members of the Multi-Sectoral Working Group on the rationalization of the two-thirds gender principle.
He further says that the group comprises of a chairperson, a co-chairperson, and 15 other members together with 6 joint secretaries all of the same gender against the provisions of Article 27 of the 2010 Constitution.
The Lawyer also says that the appointments of the members of the working group and its secretariat notwithstanding their gender composition are invalid, null and void as it contravenes the mandatory constitutional provisions.
Mugane told Court that the establishment of the working group comprising members drawn from one gender purportedly to implement the two-third gender principle is illegal and unconstitutional.
Mugane told Justice H.I Ong’udi that the imminent consequences of not stopping the said appointments will lead to a continuing loss of public funds expended in the maintenance of the officers.
Justice H.I Ong’udi directed the matter to be mentioned on September 11, 2023, to confirm compliance by the respondents in the filing of submissions who in this case are CS Aisha Jumwa and the Hon. Attorney General.
