President William Ruto appointed 50 CASs on March 22nd after the National Assembly failed to vet them citing lack of jurisdiction
However, on March 24th, the High Court stopped the 50 CAS from assuming office pending the hearing and determination of a suit filed by the Law Society of Kenya [LSK) and Katiba Institute of Kenya
Justice Hedwing Ong’undi also temporary barred the 50 CASs from earning any salary remuneration and any benefit until the court rules on the matter.
President William Ruto has suffered another blow on Monday 3rd July after the Hight Court yet again declared creation of 27 CASs as illegal entities
The High Court, sitting in Nairobi, ruled that the public participation for the creation of the post of Chief Administrative Secretaries [CASs] was only conducted for 23 CASs.
The court observed that the creation of the additional 27 CASs did not adhere to the Constitutional requirement of public participation.
The court noted that the Public Service Commossion [PSC] did not prove that the public participation exercise covered the additional 27 CASs.
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The High Court, therefore, ruled that the establishment of extra twenty seven Cabinet Administrative Secretaries [CASs] was unconstitutional.
The High Court termed the creation of the 50 CASs unconstitutional
A three judge bench found that the law was not complied with the establishment of the said office holders
Justice Kanyi Kimondo, Hedwing Ong’undi and Visra Aleen Alnashir said that it was not intention of the framers of the constitution to have 50 CASs deputize 22 Cabinet Secretaries
“The bench agreed with the petitioners in the case that there was no public participation in ragard to the additional 27 posts
“The sequence and procedure leading to additional 27 posts did not adhere to public participation. The process did not meet the constitutional threshold hence unconstitutional,”. the bench ruled.
“That the appointment of extra 27 CASs did not satisfy public participation,” Justice Ong’undi had ruled on March