NAIROBI, Kenya, Mar 24 – The High Court has stopped fifty newly appointed Chief Administrative Secretaries (CAS) from assuming office pending the hearing and determination of a suit filed by the Law Society of Kenya (LSK) and the Katiba Institute.
Justice Hedwig Ong’undi also temporarily barred the 50 CASs from earning any salary, remuneration and any benefit until the court rules on the matter.
“Having read through the annexures, I am satisfied that interim conservatory orders are necessary. I therefore grant Prayer No 2 of the Notice of Motion in the interim,” Justice Ong’undi said Friday.
The case will be mentioned on March 28 for further directions.
According to the petitioners, the President cannot constitutionally create an office in the Public Service except upon the express recommendations of the of the Public Service Commission.
They further argue that the President by nominating the 50 CASs to the office of the Chief Administrative Secretaries against an approved office establishment of 23 has unconstitutionally created 27 extra positions.
“Article 3 of the Constitution commands all interested parties to reject any unconstitutional appointment, office, or benefit as their personal obligation to defend and protect the constitution,” argue the petitioners.
The petition comes a day after the 50 CAS were sworn in office.
On Wednesday, President Ruto appointed all the CASs after the National Assembly failed to vet them.
State House Spokesperson Hussein Mohammed said the appointments were made after the Speaker of the National Assembly referred back the transmittal of the nominees to the appointing authority.
In sending back the nominees, Speaker Moses Wetangula noted that “the National Assembly is unable to vet the nominees in the absence of an express constitutional or statutory requirement to do so.”
As a consequence of the referral by the Speaker, Hussein said, “the Head of State and Government has today caused the appointment of the nominees to various ministries as earlier notified.”
They include Kenya Kwanza’s digital strategist Dennis Itumbi, former Nairobi Governor Evans Kidero, and ex- Nominated Senator Millicent Omanga are among fifty Chief Administrative Secretaries (CAS) who were all appointed following a recommendation by the Public Service Commission (PSC).
President Ruto nominated Itumbi to the Ministry of Information Communications and The Digital Economy, Kidero (Ministry of Investments, Trade and Industry) while Omanga was nominated to the Interior ministry alongside former Narok governor Samuel Tunai and former North Eastern Regional Co-ordinator Amb Mohamud Ali Saleh.
Former Laikipia Woman Representative Catherine Waruguru, former Kenya National Union of Teachers (Knut) Secretary-General Wilson Sossion and former Starehe Member of Parliament t Charles Njagua Kanyi were nominated into the Ministry of Foreign and Diaspora Affairs, Ministry of Tourism, Wildlife and Heritage and Ministry of Youth Affairs, Arts and Sports respectively.
Alfred Agoi was nominated to the Ministry of Defence.
