The cabinet secretary for Public services, Gender and Affirmative Action, Hon. Aisha Jumwa Katana has appointed eight additional members to the multi-sectoral working group despite a petition filed at the High Court in Nairobi by a City Lawyer, Charles Mugane challenging the constitutionality of the CS’s earlier appointments.
CS Aisha Jumwa in a Gazette Notice number 10848 0f 2023 appointed the eight additional members to serve as members of the working group on the realization of the two-third gender principle.
“It is notified for the information of the general public that, further to Gazette Notice No.10848 of 2023, the cabinet secretary for public service, gender and affirmative action has appointed the following additional members to the multi-sectoral working group on the realization of the two third gender principle- Sophia Abdi Noor, Sheikh Ibrahim Lithome Asmani, Al-Haji Hassan Kirua ole Naado, Kennedy Odhiambo Otina, George Kombe Kagohu, Salim Vayani, Adams Barasa, Ibrahim A. Yakub.” reads the Gazette notice.
In the petition, a City Lawyer Charles Mugane 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 had 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,Frankline Mukhwanja,Joint Secretaries:Jackline N. Makokha,Richard Miano,Eva Mageto,Sylvester Mbithi,Christabel Wekesa,Rhoda Misiko.
In the petition, Advocate Mugane said that on August 15,2023 the public learnt 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 said 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 is invalid, null and void as it contravenes the mandatory constitutional provisions.
Mugane told Court that establishment of the working group comprising members drawn from one gender purportedly to implement the two-third gender principle is illegal and unconstitutional.
