High Court Deems Ruto’s Appointment of 50 CAS Unconstitutional
Monday, July 3, the High Court ruled that the appointment of fifty Chief Administrative Secretaries by President William Ruto was unconstitutional.
A three-judge panel comprised of Justices Kanyi Kimondo, Hedwing Ong’udi, and Visram Alnashir rendered the decision.
In addition, the three-judge panel ruled that although there was public participation before the appointment of CASs, it was limited to 23 CASs and not the 50 that President William Ruto had appointed.
“There was no participation from the public in the appointment of the additional 27 CASs. The creation of the additional 27 CAS positions is unconstitutional, ruled Justice Ongudi.
“For the avoidance of doubt, the entire complement of 50 CASs is therefore unconstitutional,” Justice Kimondo stated.
The High Court also faulted President William Ruto’s administration for failing to submit CASs selected by the Public Service Commission (PSC) to the National Assembly review.
The Court ruled that the CASs function fell between a constitutional and a state office, necessitating a parliamentary review.
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“CASs are assistant Cabinet Secretaries, and Principal Secretaries are relegated to reporting to CASs and CSs,” the High Court ruled regarding the need for vetting in the National Assembly, adding that CASs were to earn more than PSs.
In their ruling, the three-judge panel also questioned the wisdom of having 50 assistants to CSs when the Kenyan Constitution capped the number of CSs at 22.
The High Court ruled, “We do not believe that the framers of our Constitution intended for 50 CASs to deputize 22 CASs.”
While it was determined that the CAS position was advertised as required by law, PSC was in violation for failing to indicate the number of openings.
On Friday, March 24, the Law Society of Kenya (LSK) and Katiba Institute filed a constitutional violation lawsuit against President William Ruto and the Public Service Commission (PSC).
The two organizations asserted that by appointing 50 CASs, President Ruto violated Article 10 of the Constitution, which stipulated the creation of 23 positions.
Lady Justice Hedwig Ong’udi of the High Court prohibited the CASs from earning a salary, remuneration, or benefit pending the outcome of the case.
High Court Deems Ruto’s Appointment of 50 CAS Unconstitutional
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