In Summary
- The ruling was made on Monday, July 3 by a three-judge bench consisting of Justices Kanyi Kimondo, Hedwing Ong’udi and Visram Alnashir
- Law Society of Kenya (LSK), Katiba Institute, Activist Eliud Matindi and Multi-Touch International challenged the appointments and asked the court to quash the same
The High Court has declared President William Ruto’s appointment of 50 Chief Administrative Secretaries (CASs) unconstitutional.
The ruling was made on Monday, July 3 by a three-judge bench consisting of Justices Kanyi Kimondo, Hedwing Ong’udi and Visram Alnashir.
Justice Ong’udi ruled that there was no public participation regarding the appointment of the additional 27 CASs, though there was public participation before the appointment of CASs but only limited to 23 CASs and not 50 as appointed by Ruto.
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“There was no public participation in the appointment of the extra 27 CASs. The establishment of the extra 27 CAS positions is unconstitutional.
“For the avoidance of doubt, the entire complement of 50 CASs is therefore unconstitutional,” Justice Ong’udi ruled.
Law Society of Kenya (LSK), Katiba Institute, Activist Eliud Matindi and Multi-Touch International challenged the appointments and asked the court to quash the same.
The CASs were appointed following communication from the Speaker that the National Assembly cannot vet them since there is no legal provision requiring the vetting.
By Rodgers Oduor
