Court –High Court in Nairobi has today Monday July 3 ruled against Chief Administrative Secretaries (CAS) positions created by President William Ruto.
Participating in the judgment today, Justice Hedwig Ongudi asked if there was public participation in regard to the appointment.
“There was no public participation in the appointment of the extra 27 CASs. The establishment of the extra 27 CAS positions is unconstitutional,” Ongudi ruled.
Justice Aleem Visram, on his behalf, made it clear that their mandate as the court was to hear and determine the matter according to the law.
In its ruling, the court noted that the public participation for the creation of the post of CAS was only conducted for 23 CASs while the 27 remnained.
The court also added that the creation of the additional 27 CASs did not adhere to the Constitutional requirements.
Furthermore, the appointment of extra 27 CASs did not satisfy public participation. and that the PSC did not prove that the public participation exercise covered the additional 27 CASs.
The High Court has, therefore, ruled that the establishment of extra 27 CASs was illegal and politically motivated.
Justice Kanyi Kimondo ruled that, for the avoidance of doubt, the appointment of the 50 CASs was unconstitutional.
Delivery of judgment was made by three judges Justice Kanyi Kimondo, Lady Justice Hedwig Ong’udi and Justice Aleem Visram.
Commenting on the ruling today, Nandi Senator Samson Cherargei described courts as gone rogue and threatened to file an appeal soon.
