The High Court has ruled that the creation of the 50 CAS positions is unconstitutional. They have therefore dismissed the appointment of the 50 CAS by President William Ruto.
The decision by the High Court comes after a petition was filed by the Law Society of Kenya and Katiba Institute. The petition challenged the process of appointment that was used to swear in the 50 Chief Administrative Secretaries (CAS).
The court delivered this ruling on Monday at 2 pm. They mentioned that the public participation process that was done in response to the CAS positions was only done for 23 seats, not 50. The additional 27 positions were therefore not in adherence to the public participation process.
In addition to this, the National Assembly’s lack of involvement in the vetting process led to the filing of the petition. The National Assembly said that they were not required by the Constitution to do so. The CASs were therefore not vetted yet and were sworn into office.
” Once that office was abolished on 21 September 2022, the newly created office and complement of 23 office holders could no longer benefit them to stay,” The court said.
” The newly created office and fresh complement of 50 had to comply with the constitution and the procedures set out earlier in Okiyah’s case in order to be lawfully established. They did not comply. The entire complement of 50 CASs is therefore unconstitutional,” they added.
Subscribe to Switch TV
The 50 CASs that were sworn in were barred from assuming office and receiving a salary from the role until the court ruling. The Judiciary stated that it was not involved in the swearing-in ceremony nor given any role to play.
This comes after Isaac Mwaura commented against the opposition party that the dismissal of the 50 CASs would not increase the cost of living. According to him, the roles were created to aid the Kenya Kwanza government to fulfil its duties.
Following the ruling, the CASs will not be assuming office at all. The roles have been termed unconstitutional and are therefore inexistent at the moment.
Read Also: Supreme Court Allows Businesses to Discriminate Against LGBTQ in America
