Charles Nyachae faults Uhuru on State appointments

By James Mbaka

Kenya: The Commission for the Implementation of the Constitution (CIC) has faulted President Uhuru Kenyatta on some of the recent appointments to key State parastatals.

CIC now wants Uhuru and Cabinet secretaries who are the constitutional appointing authorities, to freeze more appointments to State agencies, especially those that have impact on devolved functions.

This, argues CIC, would forestall conflict of mandates between county governments and State corporations pending the review of their structures and constituting statutes to align them with devolved units.

The commission says recommendations by the presidential taskforce on parastatal reforms must be taken into account before constituting boards of existing institutions.

The taskforce chaired by Presidential Advisor on Constitution matters Adbdikadir Mohammed recommended the merger of several parastatals and outlined a time frame for the implementation of the proposals in a raft of suggestions to professionalise state agencies.

The recommendations also provided for recruitment criteria for chairpersons and directors to various boards. CIC through an advisory, wants the process of recruiting chairmen and directors to State parastatals to be through a competitive process and guided by merit.

“The appointments must seek to uphold confidence in the offices to which appointments are made, and must be made in a manner that promotes public trust in the appointing authority as required by law,” CIC Chairman Charles Nyachae said.

CIC also said the process must be transparent and accountable and not based on political considerations, favouritism, nepotism, improper motives or corruption as required by law.

The CIC chair advises that the appointments must demonstrate representation of Kenya’s diverse communities and be seen to afford adequate and equal opportunities for both gender, members of all ethnic groups and persons with disabilities.

“The appointing authorities must uphold integrity, transparency, accountability, financial probity and dedication to serve the people of Kenya in accordance with the law,” Mr Nyachae said.

He said persons appointed to public offices must be of high moral standing as required by law to enhance and promote integrity of the office to which appointments are made.

Some of President Uhuru’s latest appointees have stalked controversy, forcing him to revoke their appointments.

The appointment of former presidential aspirant Abduba Dida as chairman of the Constituency Development Fund (CDF) board was revoked because it was made illegally while that of Nacada boss John Mututho was reversed to allow parliamentary vetting.

Nyachae said all appointments to public offices must be guided by the Constitution and made within the law with due consideration given to the State Corporations Act and other Statutes, which provide for processes of appointment to various public offices.