Dennis Itumbi, on Thursday, July 6, filed a notice at the Court of Appeal expressing his intention to challenge the High Court’s judgment that nullified the appointments of Chief Administrative Secretaries (CASs).
Itumbi, through his lawyer Adrian Kamotho Njenga, expressed his dissatisfaction with the majority ruling that declared the appointment of 50 CASs unconstitutional. He requested the Court of Appeal to review the ruling, in which Justice Hedwig Ong’udi dissented.
The notice states that Itumbi, as the 22nd Interested Party, intends to appeal the entire decision of the High Court.
“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 whole of the said decision,” read part of the notice.
Through his lawyer, he has further requested for certified copies of the proceedings, judgment, and decree to facilitate the appeal process.
“We request that you furnish us with certified copies of typed proceedings, judgment, and decree to enable us to file an appeal. We undertake to pay the prescribed fees,” said Lawyer Kamotho.
The notice of appeal was filed with the Deputy Registrar of the High Court of Kenya at the Constitutional and Human Rights Division in Milimani Law Courts, Nairobi.
Attorney General Justin Muturi has also appealed against the High Court ruling on Monday, July 3. The AG expressed dissatisfaction with the ruling, which invalidated the appointment of the 50 CASs. Muturi stated that public participation was not conducted before creating 27 additional CAS positions.
The High Court judges ruled that the creation of the 50 CAS posts by President William Ruto was unconstitutional. The court found that there was no public participation in creating 27 of the positions, although the guideline was applied in creating the initial 23 positions.
The court based its decision on the constitutional requirement of public participation before creating new government offices.
