On May 29, 2022, the Employment and Labour Relations court delivered a significant ruling, quashing the appointments made by Trade CS Betty Maina to the National Standard Council.
The court found that the process was not competitive, with board members being handpicked rather than selected through a transparent and merit-based process.
Activist Okiya Omtatah successfully argued for the quashing of the six board members, including Bernard Njiraini and Bernard Ngore, who were appointed without public participation.
Justice Maureen Onyango agreed with the argument, stating that the appointments were made contrary to the law, which requires a transparent, competitive, and inclusive recruitment process open to public participation.
The judge further ruled that it was illegal for the CS to replace an appointee of the President, Ken Wahome Matu, with Ngore, as a CS cannot override the President.
The court ordered CS Maina, the Public Service Commission, the state corporation advisory committee, and the Attorney General to appoint a new chairperson and independent members in compliance with the constitution and the law.
Separately, the court dismissed a case seeking to overturn a decision that allegedly placed the Kenya Medical Supplies Agency (Kemsa) under the military, citing lack of evidence.
