ALL 50 CAS POSITIONS DECLARED UNCONSTITUTIONAL

Three judge bench Hedwing Ong’udi, Kanyi Kimondo, and Visra Aleem Alnashir during the ruling of a petition challenging appointment 50 CAS by President William Ruto at Milimani Law Court on July 3, 2023.

The High Court has termed the creation of the 50 CAS unconstitutional.

A three-judge bench found that the law was not complied with in the establishment of the said office.

Justices Kanyi Kimondo, Hedwig Ong’undi and Ali Visram said it was not the intention of the framers of the constitution to have 50 CASs deputise 22 Cabinet Secretaries.

The bench agreed with the petitioners in the case that there was no public participation in regard to the additional 27 posts.

“The sequence and procedure leading to the additional 27 posts did not adhere to public participation. The process didn’t meet the threshold,” the bench ruled.

The judges said it was Incumbent upon PSC to prove public participation covered all the posts.

Ruto on March 16, nominated 50 CASs for the position against 23 vacancies announced by the Public Service Commission.

The 50 were nominated from a list of 240 shortlisted candidates.

They were sworn in on March 23, 2023, after the National Assembly declined to vet them, saying it had no constitutional authority to do so.

The High Court later issued orders barring the CASs from assuming office pending the hearing and determination of a petition challenging their appointment process.

In the ruling delivered by Lady Justice Hedwig Ong’udi, the court also barred the appointees from earning a salary, remuneration, and any benefit pending the conclusion of the case filed by the Law Society of Kenya (LSK) and Katiba Institute.

Subsequently, the Judiciary claimed it did not preside over the swearing-in ceremony, noting that it did not send any official to the State House to conduct the ceremony and that it has no role whatsoever in the process.

Fully packed court awaiting the three-judge bench for the ruling of a petition challenging appointment 50 CAS by President William Ruto at Milimani Law Court on July 3, 2023.