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Monday, July 3, 2023 –High Court sitting in Nairobi has today Monday July 3 ruled against Chief Administrative Secretaries (CAS) positions which it termed as unconstitutional.
Participating in the judgment today, Justice Hedwig Ongudi asked if there was any satisfactory public participation in regard to the appointment of the 27 extra CASs.
“There was no public participation in the appointment of the extra 27 CASs. The establishment of the extra 27 CAS positions is unconstitutional,” Ongudi ruled.
Justice Aleem Visram, on his behalf, made it clearer that their mandate as the court was to hear and determine the matter according to the law.
In its ruling, the court noted that the public participation for the creation of the post of CAS was only conducted for 23 CASs while the 27 remained unattended to.
The court also added that the creation of the additional 27 CASs did not adhere to the Constitutional requirement as established in the public participation Act.
Furthermore, the appointment of extra 27 CASs did not satisfy public participation. and that the PSC did not prove that the public participation exercise covered the rest of the 27.
The High Court has, therefore, ruled that the establishment of extra CASs was illegal and politically motivated.
Commenting on the same, Lawyer Miguna Miguna opined that whoever is purporting to be translating the 3-bench High Court Panel Ruling today could be wrong.
This, he started is because the bench was not making clearer pronouncements and directives on the matter hence leaving loopholes that could be utilized by any party.
Justice Kanyi Kimondo ruled that, for the avoidance of doubt, the appointment of the entire 50 CASs team was unconstitutional.
Delivery of judgment was made by three judges Justice Kanyi Kimondo, Lady Justice Hedwig Ong’udi and Justice Aleem Visram.
Commenting on the ruling, Nandi Senator Samson Cherargei described the court’s as ‘gone rogue’ and threatened to file an appeal soon.
