Judge dismisses suit against appointment of Nyakang’o as Controller of Budget

Controller of Budget Margaret Nyakang’o can now rest easy after a judge dismissed a petition challenging her appointment on claims that she was not qualified for the job.

Justice Byram Ongaya dismissed the suit by activist Okiya Omtatah, saying the recruitment, approval and the swearing-in of Dr Nyakang’o was in accordance with the Constitution, and there was no justifiable reason to quash her appointment.

The judge declined to consider whether she met the minimum qualifications for the appointment, saying Mr Omtatah should have challenged her qualifications before Parliament when the MPs invited Kenyans to make their views on the nominees presented for vetting.

“The court finds that the committee was the proper forum and that forum not having been moved accordingly, the respondents have thereby established a bar to this court’s jurisdiction to intervene,” he said.

Justice Ongaya said had Omtatah exhausted that forum, then he would have properly established the court’s jurisdiction as the proper forum to review the House committee’s decisions.

The activist challenged her appointment, arguing that having worked for ten years at the Kenya National Bureau of Statistics as director finance and administration did not make the mark of at least ten-years experience in auditing public finance management.

Through lawyer Benson Milimo, Dr Nyakang’o defended her appointment, saying she had extensive knowledge in public finance acquired through extensive training and work-related experience.