Group threatens to sue Rotich over hiring

Controversy is brewing over the appointment of the first six members of the newly created Public Procurement Petition (PPP) committee, a powerful new institution, over claims that it breaches the Constitution.

Treasury Secretary Henry Rotich appointed James Muruthi Kihara (chairperson), Paul Karezeki, Charity Muya Ngaruiya, Isaac Kiptanui Bondet, Jackline Chepkemoi Kimeto and Stanley Kinuthia Kamau in a July 4 gazette notice.

But a law firm representing Kituo cha Sheria has given Mr Rotich seven days from July 17, to reverse the appointments or face legal action for filling the positions with members of two communities in the process breaching Article 232(1) of the Constitution.

“The Constitution provides for values and principles of public service in Kenya which include representation of Kenya’s diverse communities,” says Mr Zebedee Ongoya of Angoya and Wambola Advocates in a letter copied to Attorney General Githu Muigai.

But Mr Rotich says his appointment was based on recommendations from professional associations.

“The qualifications and competencies of the committee members are set out in the PPP Act. Most appointees were drawn and recommended by the institute of Arbitrators and other professional associations,” says Mr Rotich.

In the letter dated July 17, Mr Ongoya demands that Mr Rotich supplies to him CVs of the individuals .

“Also any information received from stakeholders on the suitability of each of the persons to hold the public office within the framework of Chapter Six of the Constitution,” says Mr Ongoya.

The PPP Act section 67 says that the Petition Committee will consider all petitions and complaints submitted by a private party during tendering.

According to the law, the committee shall consist of the chairperson, who shall be a person qualified for appointment as a judge of the High Court of Kenya, four other persons and a unit director. The members of the Petition Committee shall hold office for a term of three years and shall be eligible for re-appointment for one further term.

“Where a petition is based on an administrative decision of the Committee, the unit or the contracting authority, such petition for a review of the decision shall be made within 15 days from the date of the decision in the prescribed form. The decision of the Committee shall be final and binding on both parties. The Cabinet Secretary may by regulations, provide for the procedure for determining a petition under subsection,” says the Act.

Engulfed in controversy

Early this year, Mr Rotich was engulfed in another controversy involving the appointment of the new CEO of consolidated bank. Although Mr Geoffrey Ndambuki is yet to take up his position, Mr Rotich passed the buck to Central Bank of Kenya (CBK) Governor Njuguna Ndung’u for recommending the appointment of Mr Ndambuki.

However, Mr Ndung’u disowned the statement. The appointment is now being investigated by the Inspectorate of State Corporations, which is based in the DP’s office.

They have sent two top officials, Ms Theodora Gichana, a senior assistant inspector general and a Mr Waweru, an assistant inspector general, to conduct a special investigation into the recruitment.