President William Ruto won a case on Tuesday, November 29, that challenged the Principal Secretaries' nomination process.

Labour Court Judge Justice Nduma Nderi struck out the case filed by the Law Society of Kenya. 

While dismissing the case, the court noted that the case was prematurely filed. 

The court had on November 21, halted the vetting process of nominees for the position of Principal Secretaries after LSK filed for an injunction.

Housing and Urban Planning Principal Secretary Charles Hinga (left), Former Principal Secretary in the Ministry of Education Dr Belio Kipsang and Nominated PS in the Department of Treasury Chris Kiptoo.

FILE

"Consolidated petitions are struck out for having been filed prematurely,," ruled justice Nduma Nderi

The Judge further noted that the court can only be approached once the National Assembly concludes the vetting process.

"This is a sacred mandate given to the House by the people of Kenya… the petitioners must await the conclusion of the process," the court noted.

Justice Nzioki Makau who stopped the vetting, had ordered the National Assembly to stop the exercise until the case was heard and determined.

"Pending hearing of this application inter partes on November 21, 2022, a conservatory order is hereby issued restraining and/or barring the Respondents from receiving or if already received the list of nominees, barring the processing, vetting, or in any way proceeding or processing the nomination for appointment and/or appointing the first to 51st Interested parties herein as Principal Secretaries as communicated vide a Press Release dated November 2, 2022, by Mr. Felix K. Koskei, Head of Public Service," he ruled. 

The Law Society of Kenya (LSK) moved to court, on November 11, 2022, to file a petition in court challenging the list of the PS nominees.

LSK argued that the nomination lacked gender, tribal and regional balance and should therefore be stopped.

"That from the list of nominees, the nomination does not take into account the regional and tribal balance, the two-thirds gender principle, persons living with disabilities and the youth contrary to the tenets of good governance,” reads court documents.

“On the impugned list of 51 interested parties, 13 are members of the Kalenjin community from Rift Valley region, 13 from Central Kenya region to the detriment of the other 40 tribes and communities in Kenya."

The ruling now paves way for National Assembly to continue with the vetting process of the Principal Secretaries.