NAIROBI, Kenya — The High Court has nullified President William Ruto’s Executive Order No. 3 of 2024, declaring it unconstitutional for attempting to alter the public hiring process and management of board members and staff in state corporations.
The ruling, delivered by Justice Lawrence Mugambi, follows a petition filed by the Law Society of Kenya (LSK), which argued that the order unlawfully usurped the constitutional powers of the Public Service Commission (PSC).
In the contested directive, President Ruto had ordered state corporations to seek approval from the relevant Cabinet Secretaries and the State Corporations Advisory Committee before undertaking recruitment, appointments, transfers, or determining terms of service for their employees.
The LSK maintained that such provisions effectively sidelined the PSC, undermining its independent role under Article 234 of the Constitution, which mandates it to regulate human resource matters in the public service.
The society also warned that the order opened the door to political interference in appointments meant to be based on merit and professionalism.
“The guidelines published in Gazette Notice No. 6265 of 24 May 2024 assigned powers to the State Corporations Advisory Committee and Cabinet Secretaries that constitutionally belong to the PSC,” LSK argued in court.
In his judgment, Justice Mugambi affirmed that the PSC alone holds the authority to establish offices, appoint or remove public officers, and review terms of service — powers that cannot be overridden even by the President.
“Any attempt to give away the specific constitutional functions assigned to the Public Service Commission other than by way of delegation envisaged in Article 234(5) of the Constitution is indefensible,” Justice Mugambi ruled.
He further noted that any changes affecting the remuneration and benefits of public officers must involve the Salaries and Remuneration Commission (SRC), which had not been consulted in the implementation of the Executive Order.
Consequently, the court quashed the Executive Order and all accompanying guidelines, declaring any appointments, transfers, or employment terms made under it null and void.
The judgment marks a significant reaffirmation of institutional independence in Kenya’s public service, drawing clear constitutional boundaries between the Executive and oversight commissions — a decision that legal experts say reinforces checks and balances in governance.
