Court throws out Cofek case challenging hiring of principal secretaries

The High Court has dismissed a case challenging the recruitment of principal secretaries by the Public Service Commission.

Justice Isaac Lenaola Tuesday struck out the lawsuit filed by the Consumers Federation of Kenya.

Cofek had argued that the PSC violated the Constitution when it conducted the interviews without public participation.

“The PSC decision to secretly recommend to the President names of persons for principal secretaries was unconstitutional, unjustified, malicious, unilateral and was tantamount to discrimination and against the rules of natural justice,” Cofek said.

Officials Stephen Mutoro, Ephraim Kanake and Henry Ochieng said PSC’s decision to conduct interviews in camera and refusing to disclose information on the 66 names had denied the public a chance to participate.

 According to the federation, current permanent secretaries who had expressed interest in the jobs were denied the chance without reasonable grounds, making them suffer humiliation.

“Owing to a flawed recruitment mired in suspicion, tainted and discredited by among others the Ethics and Anti-Corruption Commission, it is important that further action on the said secret list be stopped,” the federation said.

Although the PSC did not disclose the names, it said the selection was based on merit, gender balance, regional representation and special interests.

However, the Ethics and Anti Corruption Commission (EACC) recommended that 15 nominees be locked out for failing the integrity test.

The commission is also investigating claims of impropriety during shortlisting.