Nominated Solicitor- General Kennedy Ogetto has requested the high court to dismiss a case by activist Okiya Omtatah challenging Ogetto’s nomination.
Ogeto has defended his nomination arguing that the office of solicitor general is not a constitutional office hence matters concerning his appointment as the office holder could not be litigated before the court.
He said that the high court lacks jurisdiction to hear and determine the petition given that the issues raised solely relate to his impending employment.
On its part, the National Assembly has opposed the case arguing that the petitioner seeks to have the court interfere with its constitutional mandate of vetting and approving nominees for public office.
Active parliamentary proceedings with respect to the approval of Ogeto for the office of Solicitor general are currently underway, read the court papers.
The Attorney General’s office through state counsel Charles Mutinda, insisted that Omtatah’s case was baseless and ought to be dismissed.
The petition and the application are bare in empty of any probative evidence and therefore violates and are contrary to the legal maxim that says he who alleges must prove, stated Mutinda.
He further argues that there is no evidence of Omtatah having asked for information from the state on the matter before filing the bear petition bets on unsupported allegations.
Activist Omtatah claims that Ogeto was handpicked by President Uhuru Kenyatta without subjecting him to a competitive process as required by law.
Omtatah claims that the head of state is in violation of the Constitution because he had not identified and recommended him to the Public Service Commission on merit.
He accused President Kenyatta of violating Articles 155(3) (a) of the Constitution, which states that the president shall nominate a person for appointment as principal secretary from among persons recommended by the PSC.
Source: Kenya News Agency