BY SAM ALFAN.
The High Court on Monday ruled that the appointment of 50 chief administrative secretaries by President William Ruto in March was unconstitutional.
While nullifying the appointments, the court in a majority decision said the naming of the CASs was unconstitutional as the process did not meet the constitutional threshold as required under the law.
“That the current Office of Chief Administrative Secretary created by President and Salaries Remuneration Commission and contained in the Kenya Gazette Special Issue Number 12432 dated 12th October 2022 and which announced the vacancies thereof is unconstitutional,” said Judges in their decision.
High Court Judges Kanyi Kimondo( Presiding) Justice and Visram Aleem further ruled that although the initial appointment of 23 CASs met some degree of public participation, the additional 27 nominees rendered the entire list illegal.
The judges said the Public Service Commission failed to perform its mandatory duty as required by law, establishing it.
“It is therefore, our considered view that the creation of a similar office to the assistant minister, now in name of CAS cannot be created in the manner the 1st respondent and the 5th respondent proceeded,” the judges said.
The judges added that they do not think it was not the intention of the framers of the constitution to have 50 CASs deputise 22 cabinet secretaries.
Justice Ong’udi differed with the two other judges saying the appointment of 22 CASs was procedural. But the additional 27, which was not factored initially was wrong.
That whereas there was some reasonable public participation on the first complement of 23 Chief Administrative Secretaries, there was no such participation regarding the additional complement of 27 office holders.
In their decision, the judges said for the avoidance of doubt, the notification by the president dated 16th March 2023 appointing the 2nd to 51st interested parties to the office of Chief Administrative Secretary is hereby quashed.
They added that the prayer that Section 26 (2) of the Salaries & Remuneration Commission Act and the Salaries & Remuneration Commission (Remuneration and Benefits of State and Public officers) Regulations, 2013 be declared unconstitutional is disallowed.
The three judge bench declared that the president enjoys constitutional immunity from suit and was illegally joined into the proceedings.
