Government and Policy

High Court Terms Ruto’s 50 CASs Illegal And Unconstitutional

BY Juma · July 3, 2023 04:07 pm

KEY POINTS

According to the landmark ruling delivered by three judges; Justices Kanyi Kimondo, Hedwig Ong'undi, and Ali Visram, it was not the intention of the framers of the constitution to have 50 CASs deputize 22 Cabinet Secretaries.

The High Court of Kenya has declared the appointment of 50 Chief Administrative Secretaries (CASs) as both illegal and unconstitutional, dealing a blow to the excited young men and women who were already in office unaware of what their roles were.

According to the landmark ruling delivered by three judges; Justices Kanyi Kimondo, Hedwig Ong’undi, and Ali Visram, it was not the intention of the framers of the constitution to have 50 CASs deputize 22 Cabinet Secretaries.

Here is a snippet of the ruling by the High Court:

THAT the public participation for the creation of the post of CAS was only conducted for 23 CASs.

THAT the creation of the additional 27 CASs did not adhere to the Constitutional requirement of public participation.

THAT the appointment of extra 27 CASs did not satisfy public participation.

THAT the PSC did not prove that the public participation exercise covered the additional 27 CASs.

THAT the High Court has, therefore, ruled that the establishment of extra 27 CASs was unconstitutional.

“The sequence and procedure leading to the additional 27 posts did not adhere to public participation. The process didn’t meet the threshold,” the judges said in their ruling.

The 50 illegal CASs were sworn in on March 23, 2023, after the National Assembly declined to vet them, saying it had no constitutional authority to do so. President William Ruto rushed to swear them in, aware that the courts would come knocking.

The High Court later issued orders barring the CASs from assuming office pending the hearing and determination of a petition challenging their appointment process. They went against the orders and assumed their positions as illegal CASs. It is not clear whether the President will respect the High Court this time and nullify the political appointees.

About Juma

Juma is an enthusiastic journalist who believes that journalism has power to change the world either negatively or positively depending on how one uses it. (020) 528 0222 or Email: info@sokodirectory.com

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