Retired Major-General Gordon Kihalangwa when he was appointed as the new Director of Immigration. President Uhuru Kenyatta’s nomination of Major Kihalangwa as the new Principal Secretary in the Ministry of Interior without recourse to a competitive process could be the latest in a litany of legal gaffes by State House. PHOTO | FILE
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President Uhuru Kenyatta’s nomination of Maj-Gen (rtd) Gordon Kihalangwa as the new Principal Secretary in the Ministry of Interior without recourse to a competitive process could be the latest in a litany of legal gaffes by State House.
Article 155(3a) provides that it is the function of the Public Service Commission (PSC) to advertise, interview and recommend to the President individuals for appointment to the position of principal secretaries.
“The President shall nominate a person for appointment as Principal Secretary from among persons recommended by the Public Service Commission,” the particular section of the law states.
It is not clear whether Gen Kihalangwa, who was until his nomination to the new position on April 17 the director of immigration, went through the PSC process before his nomination.
He was appointed the director of immigration last year, replacing Ms Jane Waikenda, who was appointed Deputy High Commissioner to South Africa.
Ms Waikenda is among public officials currently on suspension over graft allegations.
Attorney-General Githu Muigai told the Sunday Nation he was not in a position to respond to questions on the legality of Mr Kihalangwa’s nomination as the Interior PS.
“I regret to inform you that I am unable to assist you on your enquiry as the Attorney-General is not involved in the appointment of public officers. I would advise you to direct your questions to the Head of Public Service, Mr Joseph Kinyua,” he said by phone.
President Kenyatta’s other legal advisers are Solicitor-General Njee Muturi, who is often perceived to be the shadow Attorney-General given his long standing links with Mr Kenyatta, and Mr Abdikadir Mohammed, who is the President’s constitutional affairs adviser.
Muturi, however, told the Sunday Nation: “We played no role. Ask the PSC.”
The PSC on Tuesday, April 21, advertised positions for principal secretaries, four days after President Kenyatta nominated Maj-Gen Kihalangwa to the new position, along with other changes in the executive and the military.
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Referring to the vacancy announcements for principal secretaries, PSC chairperson Margaret Kobia on Wednesday said her commission is mandated to recommend candidates to the President for appointment.
“PSC will select suitable individuals to fill positions of PSs in the affected ministries. We can also recommend a serving official based on merit,” she said.
According to Law Society of Kenya secretary Apollo Mboya, the placement of adverts by PSC could have been made to shield the President from questions on the legality of Gen Kihalangwa’s nomination.
According to Law Society of Kenya secretary Apollo Mboya, the placement of adverts by PSC could have been made to shield the President from questions on the legality of Gen Kihalangwa’s nomination.
“I suspect that PSC will just do the paperwork to shield the President from any legal questions,” said Mr Mboya.
President Kenyatta’s two-year-old administration has been marked by operational and legal blunders that have raised questions about the legal advice he receives.
Not long ago, the President directed Inspector-General of Police Joseph Boinnet to enrol 10,000 would-be police recruits for training, apparently oblivious of the fact that there was a pending court case on police recruitment.
Less than 48 hours to the April 12 reporting day announced by Mr Boinnet, the chairman of the National Police Service Commission (NPSC) Johnstone Kavuludi threw a spanner in the works, calling for fresh recruitment.
Mombasa Senator Hassan Omar, a Cord legislator, says most of President Kenyatta’s declarations are populist acts.
“One of Uhuru’s various weaknesses is playing to the public gallery. There are no people around who can internalise some of these things for him. Unfortunately, he has got away with it even with issues that are before the courts.”
“One of Uhuru’s various weaknesses is playing to the public gallery. There are no people around who can internalise some of these things for him. Unfortunately, he has got away with it even with issues that are before the courts.”
In the aftermath of the April 2 Garissa University College terror attack, Deputy President William Ruto also hit the road with an ultimatum to UNHCR to close Dadaab refugee camp in three months, saying it was fomenting insecurity.
The government has since backtracked on that ultimatum, and there is a proposal to form a tripartite team to work out modalities for repatriation of the refugees.
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