The High Court has ruled that the establishment of 50 Chief Administrative Secretaries (CAS) positions and appointment of office holders by President William Ruto was unconstitutional.
According to a three-Judge Bench sitting in Nairobi, the government did not follow the set-out rules to establish the offices.
The High Court judges Kanyi Kimondo, Hedwig Ong’udi and Aleem Visram ruled that the creation of the posts did not comply with the Constitution.
The ruling was made by the majority Judges including Justices Kanyi Kimondo and Aleem Visram while Lady Justice Hedwig Ong’udi dissented.
The controversy surrounding the CAS position arose when it was revealed that the initial proposed posts for the service were 23. However, the court has ruled an additional 27 positions were introduced without adhering to the constitutional principles and requirements.
The court highlighted that public participation should be meaningful and inclusive, encompassing all necessary aspects.
In March, President Ruto appointed the Chief Administrative Secretaries and swore them in at State House a day after the National Assembly failed to vet them.
State House Spokesperson Hussein Mohammed said the appointments were made after the Speaker of the National Assembly referred back the transmittal of the nominees to the appointing authority.
In sending back the nominees, Speaker Moses Wetangula noted that ‘the National Assembly is unable to vet the nominees in the absence of an express constitutional or statutory requirement to do so’.
Those appointed in the positions considered as defacto assistant Cabinet Secretary mainly consisted the Head of State’s cronies and election losers including controversial blogger Dennis Itumbi, former Nairobi Governor Evans Kidero, and ex- Nominated Senator Millicent Omanga.
Other appointees were former Narok governor Samuel Tunai, former North Eastern Regional Co-ordinator Amb Mohamud Ali Saleh, former Laikipia Woman Representative Catherine Waruguru, former Kenya National Union of Teachers (Knut) Secretary-General Wilson Sossion and former Starehe lawmaker Charles Njagua Kanyi, who were nominated into the Ministry of Foreign and Diaspora Affairs, Ministry of Tourism, Wildlife and Heritage and Ministry of Youth Affairs, Arts and Sports respectively.
Alfred Agoi was nominated Ministry of Defence while Kirui Limo and Beatrice Nkatha went to the National treasury.
