International Commission on Jurists (ICJ) welcomes court ruling on CAS
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International Commission on Jurists (ICJ Kenya) supports the High Court’s ruling declaring the appointment of Chief Administrative Secretaries (CAS) unconstitutional
International Commission on Jurists (ICJ Kenya) supports the High Court’s ruling declaring the appointment of Chief Administrative Secretaries (CAS) unconstitutional.
The three-judge bench’s judgment, according to ICJ Kenya Chairman Protas Saende, strengthens the adherence to constitutional principles and mandates that posts within the governance system be filled within the bounds of the constitution.
In the end, it serves the best interests of the Kenyan people, he said, “reinforcing the principle that every action and appointment by the Executive must be grounded in constitutional legitimacy.”
In their decision, Justices Kanyi Kimondo, Hedwig Ong’udi, and Aleem Visram found that while the public had a reasonable opportunity to participate in the creation of 23 CAS positions, it did not do so for the remaining 27 positions.
The Public Service Commission (PSC) was urged by the Commission of Jurists to address the constitutional issues raised in the judgment or to make another appeal of the ruling through the relevant channels.
“We call upon the relevant government authorities, such as the Public Service Commission, to respect the court’s decision and take immediate steps to address the unconstitutional aspects highlighted in the judgment and, if aggrieved, to follow the appellate channels to appeal the decision,” Saende stated.
ICJ Kenya termed the High Court ruling as an assertion that Judiciary has put its best foot forward to ensure that the Executive doesn’t overstep their mandate.
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“This judgment reaffirms the importance of separation of powers and the need to preserve the checks and balances that underpin our democracy,” said Saende.
Meanwhile, Attorney General Justin Muturi has filed a notice of appeal on Monday’s High Court ruling that invalidated the appointment of 50 Chief Administrative Secretaries (CASs) by President William Ruto.
President William Ruto had appointed the 50 CASs after the National Assembly failed to vet them, citing a lack of jurisdiction.
However, the High Court halted the assumption of office by the 50 CASs on March 24, following a lawsuit filed by the Law Society of Kenya (LSK) and the Katiba Institute.
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