The High Court is set to deliver a ruling on the CAS appointees on July 3, following a petition filed in the High Court challenging the appointment process of the Chief Administrative Secretaries (CAS).
President William Ruto swore in the 50 CASs after the National Assembly refused to vet them. According to the National Assembly, they had no constitutional mandate or authority to do so.
Later on, the High Court issued a halt on the CASs assuming office. This was in line with the petition that was filed challenging their appointment process. The ruling to be made today would determine whether they are to assume office or not.
Lady Justice, Hegwig Ong’udi also barred the appointees from receiving salaries. This is inclusive of any benefits that would be directed to their positions, as they are yet to assume office and so have no legal capacity to receive salaries for a role they are not playing.
In addition to the petition, the judiciary points out that it did not preside over the swearing-in ceremony. The judiciary points out that it was not given any role in the appointing process and so no official was sent to the state house to conduct the swearing-in ceremony.
Many Kenyans also question the legitimacy of the appointees. Some mentioned that if the process was not constitutional, then why were they sworn into office? This comes after the majority of Kenyans question the need for the 50 CASs appointed into office claiming that it is an additional cost to the state without much benefit in return.
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Isaac Mwaura comments on the pending verdict
CAS nominee, Isaac Mwaura shared his view on the CAS position assuring Kenyans that their dismissal will not lower the cost of living. He questioned the opposition on whether their lack of assuming office had reduced the cost of living for the country. He said there was no difference between these appointments and the last regime’s which was 40 CASs.
According to the petitioners, the president cannot legally and constitutionally create a position in the public service. However, if the public service commission expressly recommends it, then it can warrant the creation of these roles. That did not happen in this case and so the need to file the petition.
They further argue the president created an additional 27 opposition above the 23 approved office establishments. With his appointment of 50 CASs, the petitioners claim that he surpassed the official approval.
Though the ruling was set to be made earlier on at 9 am, the court has pushed the ruling further in the day. They are set to declare their ruling at 2 pm.
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