Omtatah wants court to block nomination of Solicitor General

Omtatah wants court to block nomination of Solicitor General

Activist Okiya Omtatah on Friday moved to court seeking to suspend the nomination of Kennedy Ogeto as the Solicitor General.

The activist once again listed President Uhuru Kenyatta as a respondent in the case despite the Office of the Attorney General moving to court on Wednesday seeking to have the president’s name struck out in another case by the activist claiming the Head of State cannot be sued.

In his affidavit, Mr. Omtatah says that the president violated the Constitution by creating the position of Chief Administrative Secretary (CAS) without public participation.

“Article 10(2)(a) categorically provides that the national values and principles of governance include the rule of law, democracy and participation of the people,” reads the petition.

He claims that the president handpicked Mr. Ogeto as Solicitor General without him being first identified and recommended by the Public Service Commission (PSC) through a competitive and merit based recruitment.

Omtatah wants the court to restrain President Kenyatta, PSC, The Office of the Attorney General and the Speaker of National Assembly Justin Muturi from effecting the nomination of Mr. Ogeto.

He is further seeking orders to stop Speaker Muturi from receiving Mr. Ogeto’s name for vetting.

The activist also argues that that the president is bound by the Constitution and other laws of Kenya and has no capacity to act beyond or outside the law.

“It is of utmost importance that the impugned decision of President Uhuru Kenyatta is suspended to protect constitutionalism and the rule of law, the interest of the public and to protect these proceedings for being rendered nugatory ,” says Omtatah in his affidavit.

He further says that the court has a duty and the jurisdiction to stop what he terms as”blatant disregard” of the rule of law.

“Unless this case is heard urgently and determined, Kenyans will suffer great loss as the Constitution and the rule of law will continue to be violated and threatened,”says Omtatah.

On Tuesday this week, President Kenyatta made two more changes in government by nominating Mr. Ogeto as Solicitor General and moving Njee Muturi to the position of Deputy Chief of Staff.

He also nominated Court Of Appeal President Kihara Kariuki as Attorney General following the resignation of Githu Muigai.

 

Tags:

President Uhuru Kenyatta high court Okiya Omtatah Ken Ogeto Njee Muturi Solicitor General

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