3 OPTIONS FOR RUTO AFTER COURT REJECTED 50 CASs

The High Court on Monday, July 3, dismissed President William Ruto’s appointment of 50 Chief Administrative Secretaries (CASs) – terming the positions unconstitutional.

Following the ruling, political players argued whether the ruling would set the precedence for a rivalry between the executive and Judiciary with yet another judgment derailing Kenya Kwanza’s administration.

Further, questions were raised about Ruto’s next options because his administration was dealt another blow by the court system.

Speaking to Kenyans.co.ke 

, Governance and political expert Professor Fred Ogola noted that the ruling is a litmus test for Ruto’s administration on whether he will obey the court’s judgment.Appeal

The professor also argued that the head of state ought to seek counsel with his legal experts to determine whether appealing the case in an apex court could be detrimental.

“He has to comply with the court ruling as he seeks legal opinion. He can go to the apex ruling as it’s not the final judgment. The precedence is that the Supreme Court normally agrees with the lower courts. The question here is, does he want to test the Supreme Court to see whether they can reverse it?” he posed.

His argument was echoed by political analyst Mark Bichache who revealed that it was an improbable chance for the apex court to reverse the ruling.Drop 27 CASs

“He should respect the will of the people and drop 27 CASs and keep the 23 or go to the courts and fight the judgment. With the way it was determined, I would advise him (Ruto) not to bother because the High Court’s judgment was very sound. It’s high time the President listened to the people,” Bichache opined.

Appointment to Other Roles

Governance expert Dr. Jane Thuo, on the other hand, pointed out that the president could also secure other slots in government – if the point of CASs was based on rewarding his loyalists.

“There are so many job opportunities in government so he can secure others that are yet to be fielded. What we are seeing from the Judiciary is very progressive, as it aims to uphold the Constitution. So, at the moment Ruto has no option but to comply with the High Court ruling,” she added.

The analysts added that Ruto was faced with a daunting task following the upward review of fuel prices by the Energy and Petroleum Regulatory Authority (EPRA) despite the court suspending the implementation of the Finance Act, 2023.

“It’s the same case as the fuel debacle because concerns were raised on the formula EPRA uses to calculate prices. The law is never applied retrogressively,” Thuo maintained.

On Monday a three-judge bench dismissed the CASs appointment  – noting that public participation was only conducted for 23 occupants and not the additional 27.

The judges further revealed that the position was abolished last year and thus the newly created officeholders could not benefit from the stay.