Dennis Itumbi has moved to the Court of Appeal to challenge the High Court decision that declared the 50 Chief Administrative Secretaries (CASs) positions unconstitutional.
Itumbi, a Ruto aide who was appointed ICT CAS says that he will “suffer adverse effects of inherently incompatible orders emanating from two superior courts of coordinate jurisdiction.”
“The applicant will remain in a state of career purgatory, since he can neither serve in the office to which they were legally recruited nor can they seek other gainful employment since their fate is indeterminate,” he submitted.
In the appeal, Itumbi says that the High Court judges erred in law and fact in finding that the office of Chief Administrative Secretary was created by President William Ruto and Public Service Commission.
“The learned judges erred in law and fact in declaring as unconstitutional the entire complement of 50 Chief Administrative Secretaries, appointed vide Gazette Notice dated 16th March 2023 (Notification was published on 22nd March 2023), yet the matter is still pending adjudication before a higher Superior Court,” reads the court papers.
He now wants the Court of Appeal to grant an interim stay of execution of the judgment and orders of the High Court issued on July 3, 2023.
Through lawyer Adrian Kamotho, Itumbi in the appeal says that orders of the High Court have deprived the President the constitutional mandate bestowed by Article 132 (4) (a) of the Constitution, to establish an office in the public service in accordance with the recommendation of the Public Service Commission, and effectively crippled the delivery of Government services as undertaken through its manifesto.
