Monday, November 10,
2025 - President William Ruto’s push to centralize control over State
corporations has suffered a major legal setback after the High Court nullified
Executive Order No. 3 of 2024.
Justice Chacha Mwita ruled that the order, which sought to
place the Office of the President at the center of governance and human
resource decisions in parastatals, violated the Constitution.
The court found that the directive infringed on Article
234(2), which grants exclusive authority over public service management to the
Public Service Commission (PSC).
“The President cannot exercise powers that are
constitutionally vested in the Public Service Commission,” Justice Mwita
stated.
In addition to annulling the Executive Order, the court
declared Sections 5(3) and 27(c) of the State Corporations Act
unconstitutional, noting they improperly conferred powers that belong to the
PSC.
“Sections
5(3) and 27(c) of the State Corporations Act, to the extent that they confer
such powers, are unconstitutional, null, and void," Justice Mwita stated
in the ruling.
Ruto’s order, issued via gazette notice on May 24th,
2024, had outlined new guidelines for board appointments, staff management, and
terms of service - all to be overseen by his office.
The move drew strong opposition from the PSC and the Law
Society of Kenya (LSK), which argued that the changes undermined constitutional
safeguards and attempted to create a parallel public service structure.
The court sided with LSK, affirming that the PSC is a
critical institution for ensuring merit, professionalism and impartiality in
public service.
The Kenyan DAILY POST
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