Blow to Ruto as CAS Positions termed Unconstitutional by Court
Blow to Ruto as CAS Positions termed Unconstitutional by Court. Court Disapproves of CAS Appointments.The High Court ruled on July 3 that President William Ruto’s selection of 50 Chief Administrative Secretaries was unlawful.
The verdict was reached by Kanyi Kimondo, Hedwing Ong’udi, and Visram Alnashir.
The three-judge panel continued by stating that there had been public feedback prior to the selection of the CASs, but only for 23 of them, not the 50 that President William Ruto had selected.
The addition of the extra 27 CAS positions, according to Justice Ongudi, is prohibited by the constitution because “the people had no say in choosing the CASs.”
For the avoidance of any doubt, the entire collection of 50 CASs is thus unlawful, according to Justice Kimondo.
Before the Public Service Commission (PSC) selected the CASs, the National Assembly was not consulted. The High Court recognized yet another error on the part of President William Ruto’s administration.
Because the position of CASs straddled the line between a constitutional and a governmental office, the Court determined that a government review was required.
The High Court stated that screening in the National Assembly was necessary because “CASs are, for all intents and purposes, assistant cabinet secretaries.” Principal Secretaries are restricted to informing CASs and CSs of their reports.
The three-judge bench in their ruling also questioned whether it was prudent for CSs to have 50 assistants when the Kenyan Constitution only permitted 22 CSs.
The High Court concluded that “we don’t think it was what the people who wrote our Constitution had in mind for 50 CASs to stand in for 22 CASs.”
Although it was determined that the CAS position was legally advertised, PSC was criticized for failing to specify the number of opportunities.
President William Ruto and the Public Service Commission (PSC) were sued for violating the law on Friday, March 24, by the Law Society of Kenya (LSK) and the Katiba Institute.
According to the two organizations, President Ruto violated Article 10 of the Constitution, which authorized for the creation of 23 seats, by appointing 50 CASs.
The High Court’s Lady Justice Hedwig Ong’udi ruled that while the issue is being resolved, the CASs cannot get a salary, payment, or any other profit.
The Court Ruling On Appointment of CAS Officers
The High Court, sitting in Nairobi, has ruled as follows:
1. THAT the public participation for the creation of the post of CAS was only conducted for 23 CASs.
2. THAT the creation of the additional 27 CASs did not adhere to the Constitutional requirement of public participation.
3. THAT the appointment of extra 27 CASs did not satisfy public participation.
4. THAT the PSC did not prove that the public participation exercise covered the additional 27 CASs.
5. THAT the High Court has, therefore, ruled that the establishment of extra 27 CASs was unconstitutional.