The High Court has dealt a blow to President William Ruto after issuing orders suspending his directive to 34 parastatal chiefs over onboarding their services on the e-Citizen platform.
In a late-evening ruling delivered at the Milimani High Court in Nairobi on Tuesday, December 10, Justice Bahati Mwamuye directed that the 34 parastatal chiefs suspend the implementation of Ruto’s orders.
”Pending the inter partes hearing and determination of the Application dated December 5, 2024, a conservatory order be and is hereby issued suspending the implementation and operation of the directive issued on November 28, 2024, compelling the 1st to 34th Interested Parties to compulsorily onboard and/or migrate to the eCitizen Services Platform,” read part of the ruling by Mwamuye.
The ruling came after a lobby group known as Kituo cha Sheria and a private citizen Hillary Mokaya filed a petition at the High Court on Tuesday, December 10, requesting the court to issue orders declaring Ruto’s directive unlawful.
Justice Bahati Mwamuye of the High Court during a court session on Wednesday, November 27, 2024.
Kalonzo Musyoka
The two petitioners argued that Ruto’s directive did not include public participation as per the provision of the Constitution.
They further stated in their court papers that members of the public who are unable to access government services by themselves would be exploited by third parties.
Additionally, they argued that Ruto acted beyond his powers by ordering the company CEOs to onboard the program within one week.
”Ruto’s directive and its implementation contravenes the law vesting the responsibility of proper management of the affairs of the entities in their respective boards, councils, or commissions,” read part of the court documents.
In the ruling, the High Court further prohibited the President from taking any disciplinary action, as he had threatened, against the 34 parastatal chiefs who failed to comply with his directive.
”Pending the inter partes hearing and determination of the Application dated December 5, 2024, a conservatory order be and is hereby issued prohibiting the removal from office of the 35th to 68th Interested Parties or the initiation or continuation of any disciplinary action against them based on the grounds of their failure to implement and/or operationalize the directive issued on November 28, 2024 with respect to the 1st to 34th Interested Parties being directed to compulsorily onboard and/or migrate to the eCitizen Services Platform,” the Court ruled.
The court directed the petitioners to serve the application and the orders to the Office of the President and all the interested parties by the end of Wednesday, December 11.
”The Petitioners shall serve the Application, the Petition, and this Court Order on the Respondents and Interested Parties by close of business December 13, 2024, and they shall thereafter file an Affidavit(s) of Service in that regard by close of business December 16,” it added.
The orders came just two weeks after Ruto on November 28, this year, put on notice directors of key agencies within his government who he claimed have been undermining government efforts in digitising government services.
The Head of State accused the officials of being involved in the likely provision of public funds, arguing that their dealings were not transparent. Some of the companies named by the President include the Energy and Petroleum Regulatory Authority (EPRA), the Kenya Ports Authority (KPA), and the country’s electricity distributor, Kenya Power Company (KPLC).
President William Ruto(left) and Nairobi Governor Johnson Sakaja following on the proceedings during the First Anniversary of the eCitizen Directorate, at the Kenyatta International Convention Centre (KICC) in Nairobi, on Thursday, November 28, 2024.
PCS