High Court suspends Ruto’s Executive Order taking away functions of Public Service Commission.
This comes after the Law Society of Kenya (LSK) through lawyer Manwa Hosea moved to court to challenge the order arguing that the guidelines, being statutory instruments, have been made in clear contravention of the Statutory Instruments Act, 2013.
President William Ruto had ordered that the terms and conditions of service for Board Members and Staff of State Corporations shall be as set out in the 2024 Guidelines on the Management of State Corporations.
“That a Conservatory order is hereby issued suspending the Executive Order No. 3 of 2024 promulgating the Guidelines on the Management and Terms and Conditions of Service for Board Members and Staff of State Corporations, 2024 and further, prohibiting the respondents, their agents and/or any person acting on their behalf form acting or giving effect to the Executive Order No. 3 of 2024 pending the inter partes hearing of this Application,” reads High Court order.
LSK also argued that the said guidelines have taken over the regulation of the human resource functions in the public service within State Corporations and Public Universities from PSC and placed them on SCAC contrary to Article 234(2) of the Constitution, the PSC Act and PSC Regulations as well as decided court cases.
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