A rising wave of concern over the role of deputies in government institutions representing their bosses in court and official matters has prompted calls for urgent clarification from Kenya's legal and constitutional authorities. Human rights groups, including prominent activists based in Eldoret, are urging the offices of the Chief Justice and the Attorney General to provide clear guidance on whether it is constitutionally and legally appropriate for deputies to take on such responsibilities.
The debate stems from concerns that deputies, who are often given delegated authority, may be acting on behalf of the institution they serve rather than solely representing the interests of their superiors. This has led to questions about whether decisions made by deputies in court or during meetings should be considered institutional decisions, rather than personal ones.
Kipkorir Ngetich, an outspoken Eldoret-based human rights activist, is leading the call for clarification. "Deputies are not simply subordinates; they represent the institution, not just an individual," Ngetich said. "We need to understand whether the Constitution allows them to act in this capacity, especially when these decisions affect public institutions and the larger public interest."
The concern is particularly significant given the recent developments in the legal system and the increasing complexity of public matters that sometimes require urgent attention. Activists argue that the delay in addressing these concerns could lead to a constitutional crisis, where important cases and matters of national interest may stall due to leadership vacancies or the unavailability of high-ranking officials.
"Public institutions must be able to function without unnecessary delays," Ngetich emphasized. "If senior officials are unavailable due to illness or other reasons, can deputies step in without disrupting the functioning of the state, and without allowing personal or political interests to cloud their decisions?"
Another key issue raised by the activists is the need for transparency and accountability in how public institutions operate. With increasing concerns over political interference, there are fears that some individuals could manipulate court decisions or reports for personal gain. The demand for clarity on whether deputies have the legal mandate to represent their institutions, and the power to make decisions on behalf of the public, is seen as an important step in safeguarding the integrity of the judicial system.
Human rights organizations argue that the matter must be addressed by both the Chief Justice and the Attorney General. "We are demanding that they give the public an informed understanding of the role of deputies in this context," Ngetich said. "The law must be clear to prevent the misuse of power and ensure that public matters are handled with the seriousness they deserve."
The demand for clarity is not only coming from activists but also from ordinary Kenyans, who are increasingly questioning whether constitutional provisions—such as the right to access information under Article 35—are being respected by public officials, especially in matters affecting the common citizen.
"There is a need for public education on this issue," Ngetich continued. "The public has the right to understand how their institutions are functioning and whether the principles of delegation and representation are being followed constitutionally."
The Human Rights Defender also called on the Law Society of Kenya (LSK) to step in and address the constitutional implications of this issue. "LSK has a critical role in evaluating this matter, as it has the potential to affect the legal landscape in Kenya for years to come," Ngetich noted.
The debate comes at a time when the country is grappling with numerous legal and constitutional challenges. The importance of setting clear legal precedents in court cases cannot be overstated, as these rulings will shape both the present and future legal environment in Kenya. Ngetich and other human rights activists are calling on the judiciary, the executive, and parliament to provide definitive answers to these pressing concerns.
As the discussions continue, many are hopeful that the legal authorities will provide the necessary clarity to ensure that deputies are not seen as representatives of individual interests, but as true stewards of the institutions they serve.