BY SAM ALFAN.
President Kenyatta’s choice of the solicitor general was right, nominee Ken Ogeto tells court.
Mr Ogeto while defending his nomination to the office has asked the court to dismiss a case by rights crusader Okiya Omtata challenging his nomination.
Ogeto who is a professional lawyer says that the office of the solicitor general is not a constitutional office and therefore matters concerning his employment or the office holder cannot be litigated before the court.
Mr Ogeto thereby wants the case to be struck out with costs.
He further argues that the court lacks jurisdiction to hear and determine the petition given that the issues raised solely relate to his forthcoming employment.
In a preliminary objection filed in court, the national assembly argues that the petitioner seeks to have the court interfere with the constitutional mandate of the national assembly with respect to vetting and approval of nominees for public office set out in the constitution in the public appointments act 2011.
“Active parliamentary proceedings with respect to the approval of Ogeto for the office of Solicitor general are currently underway,” reads the court papers.
Further Parliament says that under the doctrine of separation of powers and the principles initiated by the court of appeal, the court lacks jurisdiction to entertain such matters.
This is even as the Office of attorney general has asked the court to remove the name of President Uhuru Kenyatta in the case.
Through state counsel Charles Mutinda, the Ag office claims that the president by virtue of being Head of State enjoys immunity from both civil and criminal proceedings and the subsistence of his tenure in regard to anything done or not done in the exercise of the powers under the constitution.
“The petition and the application are bare in devoid of any probative evidence and therefore violates and are contrary to the legal Maxine that says he who alleges must prove,” argues Mutinda.
Mutinda further argues that there’s no evidence of Omtatah having asked for information from the state on the matter before filing the bear petition bets on unsupported allegations.
“The petition and the application are misconceived, frivolous and vexatious for lacking any thread of evidence to support the allegation or to shift the burden of proof to the respondents.
Mr Omtatah argues that Ogeto was handpicked by President Uhuru Kenyatta without subjecting him to a competitive process as required by law.
Omtatah argues that handpicking and appointing Ogeto as the solicitor-general is a violation of the Constitution because he was not identified and recommended by the Public Service Commission on merit.
He accuses 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.