Youths fight renewal of Ndung’u term at CBK

The Kenya Youth Parliament has asked the Chief Justice to nullify the re-appointment of Prof Njuguna Ndung’u as the Central Bank governor, saying the move is unconstitutional.

Through lawyer Antony Oluoch, the group is seeking a declaratory order and constitutional interpretation as to whether all public appointments are subject to Articles 10, 73 and 232 of the Constitution.

They also want an interpretation on whether the provisions of section 11 (2) of the Central Bank Act gives powers of re-appointment to the President without due regard to the Constitution.

“We are seeking an interpretation as to whether the re-appointment of Prof Ndung’u continues to violate the rights and fundamental freedoms of the people of Kenya and the petitioners as set out in Chapter 4 of the Bill of Rights,” said Mr Oluoch.

The petitioners argue that the re-appointment of Prof Ndung’u failed to take into account the national principles and values of inclusiveness, open participation, gender equity and equality as set out in the Constitution.

They want the court to declare that in making any appointments, the President is under duty and obligation pursuant to his oath of office to defend and protect the Constitution.

The youth group seeks an injunction to restrain Prof Ndung’u from carrying out any duties of the Central Bank of Kenya (CBK) governor or drawing any remuneration and benefits until provisions of the Constitution are complied with.

President Kibaki renewed Prof Ndung’u’s tenure at CBK on March 4 through a special Gazette notice.

In his decision, the President cited Section 11 (2) of the Central Bank of Kenya Act, which gives him the authority to appoint the CBK governor, deputy governor and non-executive directors.

Prof Ndung’u has filed a replying affidavit to the petition, saying the court cannot grant the conservatory orders because the application has been overtaken by events since the court cannot overturn what had already taken place.

He argues that the application contains many suppositions that have no factual basis and wants the court to dismiss the case.

The application joins two other cases that have been referred to Chief Justice Willy Mutunga.

One is challenging the appointment of Mr Keriako Tobiko as Director of Public Prosecutions and the other is against the appointment of five Supreme Court judges.