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Okiya Omtatah Okoiti & another v. Anne Waiguru, the Cabinet Secretary, Devolution and Planning, Joseph Kinyua, the State House Chief of Staff, and Head of Public Service, Peter O Mangiti, the Principal Secretary, Devolution and Planning & Margaret Kobia, Chairperson, the Public Service Commission

(2015) JELR 96619 (CA)

Court of Appeal  •  Civil Application 3 of 2015  •  8 May 2015  •  Kenya

Coram
Philip Nyamu Waki, Mohammed Abdullahi Warsame, Jamila Mohammed

Judgement

RULING OF THE COURT

On 23 June 2014, Okiya Omtatah Okoiti and Nyakina Wycliffe Gisebe, hereinafter referred to as the applicants, filed a constitutional petition in which they charged the respondents with various constitutional violations. The 1st respondent, Anne Waiguru is the cabinet secretary in charge of the Ministry of Devolution and Planning. The applicants allege in the petition that she has on occasion acted beyond her powers and unconstitutionally appointed and dismissed officers from the public service, and that she has created policies which undermine the rule of law and constitutionalism. In particular, it is alleged that the 1st respondent has created the Policy on the Decentralisation of Human Resource Management in the Civil Service , which is unconstitutional and creates tyranny on civil servants by Cabinet Secretaries. The 2nd respondent, Joseph Kinyua, is the Chief of Staff at State House and the Head of the Public Service. It is said that he breached the Constitutio…

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