Creation of Ruto’s 50 CAS unconstitutional, High Court rules
3 min read
The High Court terms the creation of the 50 CAS (Chief Administrative Secretaries) by President William Ruto unconstitutional
The High Court terms the creation of the 50 CAS (Chief Administrative Secretaries) by President William Ruto unconstitutional.
The High Court on Monday, July 3, ruled that President William Ruto’s appointment of 50 Chief Administrative Secretaries was unconstitutional.
The ruling was made by a three-judge bench including Justices Kanyi Kimondo, Hedwing Ong’udi, and Visram Alnashir.
The three-judge bench found that the law was not complied with in the establishment of the said office.
The bench further ruled that whereas there was public participation before the appointment of CASs, it was only limited to 23 CASs and not 50 as appointed by President William Ruto.
“There was no public participation in the appointment of the extra 27 CASs. The establishment of the extra 27 CAS positions is unconstitutional,” Justice Ongudi ruled.
The judges said it was Incumbent upon PSC to prove public participation covered all the posts.
“For the avoidance of doubt, the entire complement of 50 CASs is therefore unconstitutional,” added Ong’udi.
Muammar Gaddafi’s Son Hannibal hospitalized in ‘critical condition’ after hunger strike
Ruto mocks Azimio over the resumption of anti-government protests
Ruto defends lift on six-year logging ban despite environmental concerns
News requirements NHIF card holders must fulfill before seeking treatment
The High Court further faulted President William Ruto’s administration for not subjecting the CASs upon selection by Public Service Commission (PSC) to vetting by the National Assembly.
The Court ruled that the role of CASs fell between a constitutional and State Office and hence there was a need for a parliamentary vetting.
“CASs are for all purposes assistant Cabinet Secretaries and Principal Secretaries are relegated to reporting to CASs and CSs,” the High Court ruled on the need for vetting in the National Assembly adding that the CASs were supposed to earn more than PSs.
The three-judge bench in their ruling further questioned the wisdom of having 50 assistants to CSs when the Kenyan Constitution limited the maximum number of CSs to 22.
“We do not think it was the intention of framers of our Constitution to have 50 CASs deputising 22 CASs,” the High Court ruled.
On Friday, March 24, the Law Society of Kenya (LSK) and Katiba Institute sued President William Ruto and the Public Service Commission (PSC) for contravening the constitution.
The two bodies argued that by appointing 50 CASs, President Ruto violated Article 10 of the Constitution which provided for the creation of 23 positions.
Pending determination of the case, High Court Lady Justice Hedwig Ong’udi barred the CASs from earning a salary, remuneration, and any benefit.
Also read,
Ruto details on CNN how he defeated both Uhuru and Raila in 2022 general election
Kenya breaches statutory debt ceiling of KSh10trillion
Ruto dodges question on Russia Ukraine war during CNN interview
Ruto easiest president to impeach, Azimio MP
Follow us
