By ISAIH LUCHELI
High Court Judge Alfred Mabeya issued the orders yesterday after a group of civil societies moved to court to protest the sidelining of professionals from marginalised communities who had applied for positions during the shortlisting and selection of members.
In his ruling Mabeya said there was no need to expend tax payers money if there was an anomaly in the selection process. The orders will be in force for one month.
Through lawyers Mahat Somare and Abdulahi Garane, the communities had sought restraining orders against the Minister of Justice and the Attorney General’s appointment of the chairperson and members of the commission.
The communities also wanted the court to issue orders restraining the minister and the AG from shortlisting candidates, which was in contravention with the Constitution and the Kenya Human Rights Commission Act pending the conclusion of the suit.
Consortium for the Empowerment and Development of Marginalised Communities, National Muslim Leaders Forum and Centre for Law and Research International, in their petition had accused the selection panel of violating the Constitution on the appointment of members of the commission.
“The selection panel in shortlisting candidates did not take into consideration provisions of the Constitution, which protects the rights of every Kenyan including marginalised and minority groups,” they said in the petition.
The lawyers noted that in article 56 of the Constitution the State was required to put in place affirmative action programmes designed to ensure participation of minorities and marginalised groups.
They said these communities had a right to participate and be represented in governance.
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