, pub-7771400403364887, DIRECT, f08c47fec0942fa0 The High Court Declares the Establishment of 50 CAS's Illegal

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The High Court Declares the Establishment of 50 CAS's Illegal

In a recent ruling, a three-judge bench at the High Court determined that the creation of 50 Chief Administrative Secretaries (CAS's) was in violation of the law. The judges, namely Kanyi Kimondo, Hedwig Ong'undi, and Ali Visram, concluded that the Constitution did not intend for 50 CAS's to replace the 22 Cabinet Secretaries.

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The court sided with the petitioners, highlighting that the additional 27 appointments lacked public engagement and failed to meet the required threshold. It was deemed that the process and procedure leading to the creation of these posts did not adhere to the principles of public participation.

The case originated from Deputy President Ruto's nomination of 50 CAS's on March 16, in response to the 23 vacancies announced by the Public Service Commission. These nominees were selected from a pool of 240 shortlisted candidates. However, when the National Assembly declined to confirm their appointments, citing jurisdictional limitations, the CAS's were prevented from taking office.

To further halt their appointment process, the High Court issued orders prohibiting the CAS's from receiving any salary, pay, or benefits until the resolution of the case brought forth by the Law Society of Kenya (LSK) and Katiba Institute. Lady Justice Hedwig Ong'udi clarified that the judiciary had no involvement in the swearing-in ceremony and did not send any representative to the State House for that purpose.

This ruling emphasizes the importance of adhering to constitutional provisions and engaging the public in the decision-making process. The case serves as a reminder of the significance of upholding transparency and accountability in government appointments.

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