President William Ruto’s appointment of the Kenya Pipeline Foundation manager Bernice Silaal Lemedeket as Principal Administrative Secretary (PAS) and accounting officer of the National Police Service has been quashed.
The Employment and Labour Relations Court judge Justice Byram Ongaya termed the appointment as unconstitutional, invalid, null and void on Tuesday.
He further quashed a Gazette Notice on the appointment of Lemedeket.
The orders followed a suit filed by Nakuru surgeon Dr Magare Gikenyi who challenged the appointment. Dr Gikenyi had named the Attorney General, the Public Service Commission and the National Assembly as respondents in the case. He also named Lemedeket, the Law Society of Kenya and Fredrick Bikeri as interested parties.
He noted that President Ruto did not initiate public participation in the creation of the office adding the position did not exist in the Constitution.
He said the PAS office was a waste of public resources since Lemedeket would be the accounting officer, work supposed to be performed by the Principal Secretary. Dr Gikenyi said the appointment of the PAS was a duplication of roles, burdening the already blotted civil service, and depleting scarce financial resources. He noted that there was no evidence that the PSs have been overwhelmed to require the assistance of the Principal Administrative Secretary.
But the AG refuted claims, saying the office of the Principal Administrative Secretary/accounting officer, the National Police Service was lawfully established and competitively filled by the National Police Service Commission.