Dennis Itumbi Challenges High Court Ruling on CAS Appointments
Dennis Itumbi, a digital strategist, filed a notice with the Court of Appeal on Thursday, July 6, outlining his intent to appeal the High Court’s decision that invalidated the appointments of Chief Administrative Secretaries (CAS).
Itumbi expressed his displeasure through his attorney, Adrian Kamotho Njenga, with the majority ruling that declared the appointment of 50 CASs unconstitutional.
Itumbi emphasized the importance of the Court of Appeal reviewing the decision made by a three-judge bench, in which Justice Hedwig Ong’udi dissented.
“Take notice that Dennis Njue Itumbi, the 22nd Interested Party herein, being dissatisfied with the majority decision and Judgment of the High Court (Hon. Justice Kanyi Kimondo and Hon. Justice Aleem A. Visram) given at Nairobi on 3rd July 2023, intends to appeal to the Court of Appeal against the entirety of the said decision,” the notice stated.
“We ask that you provide us with certified copies of the proceedings, judgment, and order so that we may file an appeal. We agree to pay the prescribed fees,” stated Attorney Kamotho.
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The notice of appeal was filed with the Deputy Registrar of the Kenyan High Court’s Constitutional and Human Rights Division in Nairobi’s Milimani Law Courts.
On Monday, July 3, Attorney General (AG) Justin Muturi filed an appeal against the High Court’s decision nullifying the appointment of the 50 CASs.
AG Muturi stated that he was dissatisfied with the High Court’s ruling that public participation was not conducted before the creation of 27 additional CAS positions.
To accommodate Ruto’s appointees, the Public Service Commission (PSC) increased the number of advertised CAS positions from 23 to 50.
On 3 July 2023, High Court Judges Kanyi Kimondo, Hedwig Ong’udi, and Aleem Visram ruled that President William Ruto’s creation of fifty Chief Administrative Secretaries (CAS) positions was unconstitutional.
The court determined that there was no public participation in the creation of 27 of the positions, while 23 of the positions were created by the guideline.
The court’s decision was based on the section of the Constitution that mandates public participation before the creation of a new government office.
It concluded that the government did not comply with this requirement when it added 27 CAS positions.
Dennis Itumbi Challenges High Court Ruling on CAS Appointments
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