Justice Lawrence Mugambi in issuing the order also certified the matter filed by the Law Society of Kenya as urgent.
He subsequently issued another order stopping the Attorney General and other respondents from implementing the guidelines on the management and terms and conditions of service for Board Members and Staff of state corporations.
Other respondents listed in the case are the Chief of Staff and Head of Public Service, Public Service Commission, Salaries and Remuneration Commission, Ministry of Public Service CS, National Treasury CS and state Corporations Advisory Committee.
LSK told Justice Mugambi that the Guidelines violate Articles 230 and 234 of the Constitution.
“This is so because they usurp the constitutional functions and powers of the Public Service Commission and the Salaries and Remuneration Commission and given them to the State Corporations Advisory Committee (SCAC) and the National Treasury respectively,” said LSK.
The court heard that the guidelines have also taken over the regulation of the human resource functions in the public service within State Corporations and Public Universities from the Public Service Commission and placed them on SCAC.
This they said is contrary to Article 234(2) of the Constitution, the PSC Act and PSC Regulations as well as decided court cases.
The said article gives the PSC powers to establish and abolish offices in the public service and appoint people to the said offices.
