President William Ruto now faces a new hurdle in the appointment of Chief Administrative Secretaries (CAS) following a petition filed against the government by Busia Senator Okiya Omtatah and three others.
Omtatah and three other Kenyans urged the court to stop the establishment of the CAS office while suing the government and demanding that the decision to establish the position be re-evaluated.
The four moved to court to block President Ruto from appointing CASs in a case filed under certificate of urgency.
In the case, the petitioners want the High Court of Kenya to suspend several sections of the National Coordination Act which created the offices of the Chief of Staff and Head of Public Service, and CAS.
They stated that the two statutory offices were created in contravention of the constitutional law and should be scrapped.
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The petitioners further argued that the effect of the amendment of the Act is the unconstitutional creation of amorphous offices.
Omtatah leads Petition
According to Omtatah, creation of the offices will lead to unnecessary and unconstitutionally spending of scarce public finances contrary to Article 201 of the constitution.
“Pending the hearing and determination of this Application, the Honorable Court be pleased to issue a conservatory order suspending sections 8(3), 8(5), 8(6), 8(8), 12a(1), 12a(2), 12a(4) and 12a(8), National Government Coordination Act [cap. 127, laws of Kenya, as amended by National Government Administration (Amendment) Act, 2024,” reads part of the petition.
Further, the petitioners claim that the government intends to go ahead and implement the changes of the said Act as regards recommendation and appointment of the officials.
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According to them, this contrasts with a pending appeal file before the Court of Appeal which is challenging similar appointments of 50 CASs.
Respondents in the case include the Attorney General, the Salaries Remuneration Commission (SRC) and the Public Service Commission (PSC).
One of the other petitioners, Dr Gikenyi pointed out that the High Court in the earlier case held that the CAS office was equivalent in all aspects, to that of the Principal Secretary, hence would lead to a duplication of roles.
“It is the Petitioners’ case, therefore, that, just like the Court of Appeal, this Honourable Court should stay implementation of the impugned provisions pending the hearing and determination of the Petitioners’ case against those provisions,” Dr Gikenyi said.
Dr. Gikenyi while pointing out that the Constitution has been violated by the appointments added that it is threatened with violation by the enactments, pending the determination of the case.
He urged the court to grant the prayers sought to preserve the integrity of the Constitution, which they believe has been violated and is threatened.
Ruto given go-ahead
The petition comes after President Ruto succeeded in bringing back the CAS positions at the expense of inflating the country’s public service wage bill by at least Ksh450 million a year.
The successful reintroduction came following a gazettement of The National Government Administration Laws (Amendment) Act, 2024 that anchored the position in law, with the legal changes coming into force from May 17.
However, the legal changes did not cap the number of Cabinet Administrative Secretaries, which offered President Ruto an opportunity to reward political allies or any leader of his choice.
The CASs are set to take home a gross salary of Ksh.780,000 if appointed by the Head of State after a recommendation by the SRC.
SRC in April made a recommendation to the PSC that the wages of a CAS will be capped at Ksh.780, 000, slightly higher than the Ksh.710,000 an MP pockets every month.
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