Wamuzi News Ke
In a dramatic ruling that reverberates through Kenya’s public service system, the High Court of Kenya has declared directives issued by President William Ruto and associated guidelines unravelled by the courts.
The verdict nullifies sweeping changes to appointments, terms of service and management of state-corporation staff — a seismic moment for governmental hiring and oversight.
Unravelling of Executive Orders.
The case traces back to Gazette Notice No. 6265 of 24 May 2024, under which the president and the State Corporations Advisory Committee (SCAC) moved to exert control over recruitment, transfer and service terms of board members and staff in state corporations.
In today’s judgment, Justice Lawrence Mugambi held that such powers are strictly reserved for the Public Service Commission (PSC) under Article 234 and 249 of the Constitution. He ruled that “not even the President can override that mandate.”
As a consequence, all appointments, terms of service and re-deployments enacted under the now revoked guidelines have been declared null and void.
What This Means: A Governance Earthquake.
For government institutions: The ruling means that dozens — possibly hundreds — of board and staff appointments under state corporations now face legal uncertainty. Their legitimacy is in question overnight.
For the presidency and executive branch: This judgment curbs the president’s far-reaching influence over public service hiring, reshaping how power is distributed within Kenya’s governance architecture.
For the Public Service Commission: The PSC’s constitutional primacy is reaffirmed and strengthened. It signals that any attempt to bypass or dilute its role will no longer stand.
Immediate Fallout and Stakes.
Legal experts already predict a surge of petitions challenging any service terms, transfers or dismissals emanating from the discarded guidelines. Some state corporations may face paralysis as governance and staffing legitimacy comes under question.
Opposition figures have seized upon the ruling, calling it proof of executive overreach and demanding further judicial scrutiny of other presidential directives. A senior analyst noted: “This is not just a procedural reversal — it is an indictment of the executive’s attempt to override constitutional safeguards.”
The Road Ahead.
The government must now rapidly act to restore legitimacy to staffing in public service. This may include unveiling new guidelines through the PSC’s framework, conducting fresh appointments or seeking court clearance for past actions.
Should the executive attempt to re-issue similar directives without PSC involvement, legal advisors warn of another judicial showdown. The PSC may likewise embark on investigations into recruitment processes undertaken under the now-voided regime.
Why This Matters Now.
At a moment when Kenya is navigating critical reforms in public sector hiring, governance oversight and state-corporation performance, this ruling throws the status quo into disarray. The timing is particularly urgent: recruitment drives, board turnovers and restructuring efforts now face a legal reboot.
For ordinary Kenyans, the consequences may reach beyond strategy and power. State-corporation services, job campaign promises, and accountability mechanisms may all wobble as the ripple effects of today’s ruling take hold.
