Itumbi Appeals CAS Case Ruling

Thursday, July 6, 2023 –Mr. Dennis Otumbi has walked back to the courts in his quest to push for the legalization of Chief Administration Secretaries CAS positions.

The digital strategist, on Thursday July 6, completed to file a notice at the Court of Appeal by seeking full written judgment from the High court whose three-judge bench threw away their appointment as CASs in William Ruto’s administration.

He made the filing through his lawyer Adrian Kamotho Njenga arguing that the majority ruling that nullified 50 CAS as null and void was erroneous.

He is therefore sekking help from the Appellate Court to render a new ruling against the High Court saying one judge Hedwig Ongudi dissented.

“Take notice that Dennis Njue Itumbi, the 22nd Interested Party herein, being dissatisfied with the majority decision and Judgment of the High Court (Hon. Justice Kanyi Kimondo and Hon. Justice Aleem A. Visram) given at Nairobi on 3rd July 2023 intends to appeal to the Court of Appeal against the whole of the said decision,” read part of the notice.

His lawyer also sought to know why the High court had not provided them with certified copies of typed proceedings that could help them mount an appeal as the law requires.

“We request that you furnish us with certified copies of typed proceedings, judgment and decree to enable us to lodge an appeal. We undertake to pay the prescribed fees,” Lawyer Kamotho stated.

Itumbi’s notice of appeal was copied to the Deputy Registrar of the High Court of Kenya at the Constitutional and Human Rights Division in Milimani Law Courts, Nairobi seeking answers on why necessary documents were not being provided to them in time.

On Monday, July 3, Attorney General (AG) Justin Muturi was first to appeal against the High Court ruling that invalidated the appointment of the 50 CASs who were appointed and sworn in by President William Ruto.

AG Muturi stated that he was dissatisfied with the High Court ruling, which declared that public participation was not conducted before 27 more CAS positions were created.