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Monday, July 3, 2023 –Judiciary will be delivering a judgement on the legality of Chief Administrative Secretary CAS position in government.
The judiciary made this announcement on its social platforms terming the matter as of high public interest and which will be aired live.
Though the exercise had been set to take place on Monday July 3 morning, it would later be moved to 2:30PM for unknown reasons.
“The court decision regarding CASs will be rendered tomorrow Monday, July 3 at 9am. Since it’s of high public interest, the proceedings will be streamed using this link,” earlier announcement read.
This was changed to 2:30PM; what Kenyans wondered why it had to be changed to a different time, some reading an underhand in the matter.
“The judgment regarding CASs matter will be delivered at 2.30pm and not 9am as earlier announced. Apologies for any inconvenience,” a second update read in full.
On May 26 this year, the Court of Appeal dismissed an application by CAS appointee Dennis Itumbi seeking to suspend orders that stopped them from assuming office and drawing salaries.
Justice Helen Omondi, Imana Laibuta and Ngenye Macharia dismissed the application saying it was premature.
The bench said issues raised by Mr. Itumbi were yet to be determined by the High Court.
The High Court on a Friday then finalized the matter and set July 3 as the final judgement date.
“Issues raised are not ripe for escalation on appeal to this Court. To hold otherwise would be to enter into the arena of litigation in anticipation,” said the bench.
On March 24, High Court Judge Hedwig Ong’undi barred the appointed 50 CAS from being in office pending the determination of an application filed by the Law Society of Kenya LSK and Katiba Institute.
Justice Ong’undi also temporarily stopped the appointees from earning any salary, remuneration or official benefits.
The matter was later referred to Chief Justice Martha Koome for the empanelment of a bench to determine the case.
Aggrieved by those orders, Mr. Itumbi filed an application at the Appellate Court arguing that the ruling by Ong’undi had pushed them in a difficult corner which he described as ‘career purgatory’ since the appointees can neither serve in the office to which they were recruited nor seek other gainful employment.
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