Ruto’s Next Move: Options Post CAS Rejection
Monday, July 3, the High Court ruled that President William Ruto’s appointment of fifty Chief Administrative Secretaries (CASs) was unconstitutional.
Political figures debated whether the ruling would set a precedent for a rivalry between the executive and Judiciary, with yet another ruling derailing Kenya Kwanza’s administration.
In addition, Ruto’s future options were called into question as a result of the court’s latest setback to his administration.
Governance and political expert Professor Fred Ogola told Kenyans.co.ke that the ruling is a litmus test for Ruto’s administration to determine whether he will obey the court’s decision.
Appeal
Furthermore, the professor argued that the head of state should consult with his legal advisors to determine if appealing the case to the supreme court would be detrimental.
“He must comply with the court order while he seeks legal counsel. As this is not the final ruling, he can appeal to the supreme court. The precedent dictates that the Supreme Court typically sides with lower courts. He posed the question, “Does he want to test the Supreme Court to see if they can overturn it?”
Mark Bichache, a political analyst, concurred with him, revealing that the likelihood of the supreme court reversing the ruling was remote.
Drop 27 CASs
“He should respect the will of the people by dropping 27 CASs and keeping 23, or he should challenge the verdict in court.” I would advise him (Ruto) not to bother because the High Court’s decision was so sound. It is time for the President to listen to the people, according to Bichache.
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Promotions to Other Positions
Dr. Jane Thuo, a governance expert, countered that the president could also secure other government positions if the purpose of CASs was to reward his loyalists.
“There are so many job openings in the government that he can secure positions that have not yet been posted. As it seeks to uphold the Constitution, what we observe from the Judiciary is very progressive. Consequently, Ruto has no choice but to comply with the ruling of the High Court,” she added.
Analysts added that Ruto faced a daunting task in light of the Energy and Petroleum Regulatory Authority’s (EPRA) upward review of fuel prices, despite the court’s suspension of the Finance Act, of 2023.
“It’s the same situation as with the fuel scandal, where Ruto is in a more dire situation due to questions raised about the formula EPRA uses to calculate prices. The law is never applied retroactively, according to Thuo.
Monday, a three-judge panel overturned the CAS’s appointment, citing the fact that public participation was only conducted for 23 occupants and not the additional 27.
The judges also disclosed that the position was eliminated last year, so the newly created officeholders were not eligible for the stay.
Ruto’s Next Move: Options Post CAS Rejection
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