The establishment of the 50 Chief Administrative Secretaries (CASs) has been declared unconstitutional by the High Court. A three-judge bench determined that the law was not followed in the creation of this office.
Justices Kanyi Kimondo and Ali Visram stated that the framers of the constitution did not intend to have 50 CASs serving as deputies to 22 Cabinet Secretaries. However, Justice Hedwig Ong’undi dissented from this decision, arguing that it was unconstitutional.
The bench sided with the petitioners in the case, acknowledging that there was no public participation regarding the additional 27 CAS positions. They ruled that the process leading to the creation of these posts failed to meet the threshold for public participation.
The judges emphasized that the Public Service Commission (PSC) had the responsibility to demonstrate that public participation had been carried out for all the posts.
On March 16, Vice President Ruto nominated 50 CASs for the positions, surpassing the 23 vacancies announced by the Public Service Commission. The nominees were selected from a list of 240 shortlisted candidates.
After the National Assembly declined to vet them, citing a lack of constitutional authority, the 50 CASs were sworn in on March 23, 2023. However, the High Court later issued orders prohibiting them from assuming office until the petition challenging their appointment process was heard and resolved.
In addition to barring the CASs from assuming their duties, the court ruled that they should not receive a salary, remuneration, or any other benefits until the conclusion of the case filed by the Law Society of Kenya (LSK) and Katiba Institute.
Following these developments, the Judiciary clarified that it did not oversee the swearing-in ceremony and did not send any official to conduct it at the State House. The Judiciary also emphasized that it had no involvement in the process whatsoever.
