Court bar newly appointed CASs from assuming office
The High Court has barred the 50 newly appointed Chief Administrative Secretaries (CASs) from assuming office pending the determination of a case filed by the Law Society of Kenya (LSK) and Katiba institute.
Justice Hedwig Ong’udi also barred them from being paid using taxpayer’s funds.
“I have equally read the supporting affidavits and annexures and I am satisfied that this is a very urgent matter and of great public interest,” he ruled.
In their petition, the LSK and Katiba institute through lawyers Dan Oino and Eric Theuri argued that the appointment of the 50 CASs was unconstitutional.
According to the petitioners, although the Public Service Commission (PSC) gave a nod for the appointment of 23 CASs, the President went ahead and appointed 50 which is unlawful.
Lawyer Okemwa argued that the additional 27 offices were created outside the Constitution as the President had no powers to establish office in the public service except in accordance with recommendations of PSC.
“This petition seeks to examine the powers to create office in the public service and whether the President can disregard the recommendations of the PSC by dint of the provisions of Article 132 of the Constitution,” he stated.
In the lawsuit, the President and the Public Service Commission have been mentioned as respondents while the 50 CASs as interested parties.
The 50 CASs were controversially sworn in by the President even after the National Assembly failed to vet them citing lack of constitutional authority to carry out the exercise.
“The obligation to respect, uphold and defend the Constitution enjoins the House to refrain from assuming and discharging a role that it has not been expressly assigned by the Constitution or written law. In that regard, the National Assembly is unable to vet the nominees in the absence of an express constitutional or statutory requirement to do so.” National Assembly Speaker Moses Wetangula said.
