Courts clears former governors, MPs, MCAs to run for top parastatal posts

Former MPs, MCAs and governors can now apply for position advertised by the National Land Commission (NLC) and National Police Service Commission (NPSC).

This was after the High Court on Friday ruled that the Act barring them from applying for positions advertised in the two commissions is null and void.

In the ruling, the court noted that there was no logical explanation as to why some of the petitioner’s members have successfully joined the Independent Policy Oversight Authority (IPOA) and not the other two.

Further, the court ruled that the law that disqualifies a person from employment or recruitment as a public officer by virtue of having contested for a seat of Member of Parliament, County Assembly or as a Governor is unconstitutional null and void.

“An order be and is hereby issued prohibiting the respondents by themselves, their employees, agents or any government agency from barring or disqualifying any applicant from recruitment. A member of NLC on the grounds of having previously been a member of Parliament, County assembly, Governor or having contested for parliamentary, County Assembly or Governor’s election,”court ruled.

The petitioners, who are former legislators had argued that it is against the law to bar former MPs, Governors and MCAs from recruitment as commissioners of NLC, NPSC or any other government agency solely on the basis of them having been elected or having stood for election in the preceding five years.

The court however noted that there was no basis of saying that after five years are over, one would be independent from a political party inclination.

“The upshot is that I find the offending provisions of the two acts complained of are discriminative to the petitioner’s members, they degrade their dignity and deprive them their economic and social right and freedoms,” read the ruling.

The Judge further dismissed the arguments by the State saying that they are not reasonable and justifiable.

“Taking into account that the recruitment of the two commissioners are recruited as individuals and not members of the political parties, that all former MPs, MCAs and Governors an unsuccessful contestants are not all from political parties as the the republic of Kenya allows independents candidates to contest for political positions,” noted the Judge.

The two commissions had argued that the two Acts preserving the qualifications for persons to be appointed to the commission are aimed at ensuring their independent from political party inclination and as such this cannot e said to be unconstitutional and the suspension is only for five years.