The High Court has nullified President William Ruto’s Executive Order No. 3 of 2024, in a ruling that deals a major blow to the Executive’s attempt to exert greater control over State corporations.
Delivering the judgment, Justice Chacha Mwita declared that the directive which sought to introduce new guidelines for the governance and management of parastatals was unconstitutional and contravened the Public Service Commission’s (PSC) constitutional mandate.
The court found that the order violated Article 234(2) of the Constitution, which vests exclusive authority over human resource management in the public service within the PSC.
“The President cannot exercise powers that are constitutionally vested in the Public Service Commission,” Justice Mwita ruled.
The judge further declared that any legislation or executive action undermining the PSC’s independence and authority is null and void. In addition to quashing the Executive Order, Justice Mwita struck down specific provisions of the State Corporations Act (Cap. 446), declaring sections 5(3) and 27(c) unconstitutional.
By invalidating both the order and parts of the enabling legislation, the court reaffirmed the PSC’s central role in managing public service affairs, effectively curbing attempts by the Executive to expand its influence over State agencies.
