Linda Jamii petitions appointment of Michael Nyachae as Development Bank chair

Civil society group Operation Linda Jamii has filed a constitutional petition challenging the appointment of Michael Nyachae as the chairperson of the board of the Development Bank of Kenya.

The petition, filed before the High Court’s Constitutional and Human Rights Division in Nairobi, seeks to invalidate Nyachae’s appointment made in 2023 by President William Ruto, citing alleged violations of constitutional principles on public appointments.

In the petition, the group argues that Nyachae’s appointment contravened Articles 10, 73, and 232 of the Constitution, which set out the values and principles of public service, including meritocracy, transparency, integrity, and competitiveness.

The petition names the Central Bank of Kenya, the Industrial and Commercial Development Corporation (ICDC), the Development Bank of Kenya, the Public Service Commission, the Office of the Attorney General, and the National Assembly as respondents.

"The 1st and 2nd Respondents (AG and National Assembly) are accused of abdicating their duties in facilitating and supervising the appointment process," reads part of the petition.

Operation Linda Jamii alleges that the board appointment was not subjected to competitive vetting, contrary to public service expectations.

Further, the petition notes that the DBK is a public institution within the meaning of Article 260 of the Constitution and that appointments to such institutions must reflect the dictates of Chapter Six on Leadership and Integrity.

"The appointment was not preceded by a competitive, transparent, and merit-based process as required by law," the petitioners claim, adding that the appointment violated the Leadership and Integrity Act and the Public Appointments (Parliamentary Approval) Act.

In addition to seeking to quash Nyachae’s appointment, Operation Linda Jamii wants the court to issue a declaration that the process used in his selection was unconstitutional, null, and void.

When the matter came up for directions before Justice E.C. Mwita on Thursday, the court directed that all pleadings be served immediately and that responses to both the petition and the application be filed within five days of service.

“Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same,” reads the penal notice appended to the court order.

His 2023 appointment was part of a series of state appointments made by President Ruto, many of which have drawn scrutiny from governance watchdogs and civil society groups.