High Court suspends NCIC job interviews over Omtatah case

This week’s interviews to replace commissioners of the National Cohesion and Integration Commission (NCIC) may not go on as planned.

The High Court on Friday temporarily issued an order preventing the interviews from being conducted from Monday to Wednesday (November 12-14) as scheduled.

OMTATAH CASE

Justice Wilfrida Okwany ruled that it was prudent to have the interviews suspended pending the hearing and determination of a case filed by activist Okiya Omtatah to challenge the process.

“A temporary order is hereby issued prohibiting interviews for the shortlisted candidates for appointment as commissioners of NCIC as advertised,” said Justice Okwany.

Gazette notices showed the dates for interviews for which 54 candidates had been shortlisted.

The judge also certified the case as urgent and set it for a mention on November 20.

She asked parties in the case to file their documents before then.

OUTGOING TEAM

Vacancies for eight new commissioners were advertised on October 5.

The NCIC's outgoing chair is former National Assembly Speaker Francis ole Kaparo.

Other outgoing commissioners are Irene Wanyoike (vice chairperson), Ms Belinda Ochiel, Mr Adan Abdi Mohammed, Dr Roba Sharamo, Dr Joseph Nasongo, Mr Hassan Mohammed, Prof Gitile Naituli and Mr Morris Dzoro.

The outgoing commissioners were appointed on August 12, 2014.

On August 4 last year, President Uhuru Kenyatta extended their term by one year to keep politicians in check during the election period.

Following expiry of their term in office, the National Assembly kicked off the process of finding new commissioners to serve three-year terms.

The new commissioners will be eligible for re-appointment at the end of their first term.

PARLIAMENT'S ROLE

According to the activist, the recruitment of persons to be appointed to public office is a preserve of the Public Service Commission and the Executive, not Parliament.

Mr Omtatah argues that the role of Parliament if any, is limited to vetting candidates who have been cleared for appointment by the executive.

He argues that the violation of the principle of separation of powers undermines the Constitution, which establishes the Executive, the Legislature and the Judiciary as the three distinct arms of government with clear roles to play under the Constitution.