Operations of the Parliamentary Service Commission could be paralysed following a petition to stop two members from assuming duties.
Activist Okiya Omtatah filed the suit on Monday at the High Court to stop nominated Jubilee Senator Beth Mugo and Eldas MP Adan Keynan from sitting at the PSC over claims that they have already served the mandatory one term of five years.
“No provision in the Constitution allows any PSC commissioners to serve for more than five years and having been in the previous PSC, their nomination and subsequent approval to serve beyond five years was unconstitutional, invalid, null and void,” said Omtatah.
Parliament approved the composition of the PSC last week, where the Jubilee Party also nominated Kericho Senator Aaron Cheruiyot and Taveta MP Naomi Shaban while NASA nominated Malindi MP Aisha Jumwa, Borabu MP Ben Momanyi and Vihiga Senator George Khaniri.
But Omtatah argued that Parliament failed to respect and uphold the Constitution by allowing Mugo and Keynan to continue being commissioners when they had finished their terms.
The activist wants the court to temporarily suspend Senator Mugo and the Eldas MP from sitting in PSC until the case is heard and determined.
“It is of utmost importance that the decision to approve the nomination of Senator Mugo and Keynan be suspended to protect constitutionalism, the rule of law and public interest,” he said.
He argued that the public stand to suffer when the Constitution is being violated in the event that Ms Mugo and Mr Keynan are allowed in the PSC, adding that Jubilee has many options of who can be nominated to PSC instead of having people who have already served their terms.
The activist reiterated that he is not driven by any political interest but the desire to ensure that the Constitution is protected and that everyone follows the rule of law.
