The High Court has nullified President William Ruto’s Executive Order No. 3 of 2024, which sought to introduce new hiring and management guidelines for state corporations. The ruling followed a petition by the Law Society of Kenya (LSK), which argued that the directive violated the Constitution by usurping the powers of the Public Service Commission (PSC).
The order, published under Gazette Notice No. 6265 on May 24, 2024, required state corporations to seek approval from Cabinet Secretaries and the State Corporations Advisory Committee for recruitment, appointments, transfers, and terms of service. However, the LSK contended that this move undermined the PSC’s constitutional authority under Article 234, which grants it the sole mandate to manage and regulate the public service.
Justice Lawrence Mugambi, in his judgment, emphasized that the PSC’s powers cannot be delegated or taken over by any other entity unless permitted under Article 234(5) of the Constitution. He noted that even the President has no legal authority to override these constitutional provisions.
“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.
The court further observed that any changes affecting remuneration or benefits of public officers must involve the Salaries and Remuneration Commission (SRC), a requirement ignored in the implementation of the executive order.
As a result, Justice Mugambi declared the executive order and its accompanying guidelines unconstitutional and void. He also invalidated all related appointments and employment terms made under the directive.
The ruling reinforces the PSC’s independence and underscores the importance of adhering to constitutional boundaries in managing Kenya’s public service.
