CAS Appointees Respond to Unconstitutional Ruling
On Monday, July 3, several Chief Administrative Secretaries (CASs) appointees responded to the High Court’s ruling declaring their appointment unconstitutional.
Former CASs appointees, led by former Kisii Deputy Governor Joash Maangi, addressed the media following the ruling at Milimani Law Courts. They explained that the majority of the judges erred in their decision, pointing out that the most recent ruling contradicted one issued five years ago.
Maangi stated that they were dissatisfied with the court’s decision, but would abide by it. Additionally, he explained that they would continue to fight for what they deemed a fair appointment.
“There are records indicating that the case upon which this court ruled was withdrawn, and there are records indicating that the case was withdrawn. The court’s decision on a matter that had been withdrawn from litigation is therefore puzzling.
“The majority of the judges also ruled and granted prayers that the court had never requested. Maangi questioned how judges could decide to grant orders not requested by the applicants.
Ex-senator Isaac Mwaura weighed in on the matter, stating that even though the High Court invalidated their appointments, they will seek redress at the Court of Appeal.
Mwaura, who was dissatisfied with how the case was handled, stated that the court denied them the opportunity to serve the people of Kenya unjustly.
“We are Kenyans as well. Mwaura questioned why the court would handle this case without taking into account the fact that it had been sufficiently litigated and a decision was made that CAS positions were legal and constitutional.
ALSO READ: High Court Deems Ruto’s Appointment of 50 CAS Unconstitutional
Previously, the Supreme Court ruled that the establishment of fifty CAS positions was unconstitutional. The court ruled that the President lacked the constitutional authority to create the positions without public participation and subsequent approvals.
The court’s decision is a major setback for President William Ruto, who in April 2023 created 50 CAS positions for his political allies.
The majority of appointees were either election losers or seasoned politicians with significant political capital to bolster the president’s re-election chances in the 2027 presidential election.
In the administration of former President Uhuru Kenyatta, the CASs were in charge of overseeing government departments and agencies and were regarded as a crucial component of the regime.
The court’s decision is also a win for the Law Society of Kenya (LSK) and the Katiba Institute, a constitutional activism group that challenged the creation of CAS positions in court.
The LSK and Katiba Institute argued that the positions were unconstitutional because the Constitution did not provide for them. Additionally, they argued that creating the position gave the President too much authority.
Mwaura remarked that the court’s decision would likely have a significant effect on the Kenyan government, noting that the CASs may have to resign.
CAS Appointees Respond to Unconstitutional Ruling
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