The High Court has given a directive preventing the 50 Chief Administrative Secretaries (CASs) appointed by President William Ruto from assuming office.
This is until the hearing and determination of a petition challenging their appointment process.
Lady Justice Hedwig Ong’udi in a ruling delivered on Friday, March 24 also barred the CASs from receiving a salary, remuneration, or any benefit pending the conclusion of the petition filed by the Law Society of Kenya and Katiba Institute.
Moreover, LSK and Katiba Institute have sued the head of state and the Public Service Commission (PSC) in the case.
Likewise, the 50 CASs have been listed as interested parties in the petition.
According to the petitioners, President Ruto violated Article 10 of the Constitution by appointing 50 CASs as he was aware that only 23 positions were created and recruited for.
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“By creating the additional 27 positions, the Respondents violated the binding constitutional principles, such the national values and principles of governance, contrary to Articles 4[2] and 10, particularly patriotism, national unity, the rule of law, democracy, participation of the people, good governance, integrity, transparency accountability and sustainable development. The latter is especially implicated due to the additional, unsanctioned call on public finances to fund the irregular positions,” read part of the court documents.
Furthermore, the petitioners argued that the head of state has violated and threatened to violate Articles 201 and 228[5] which call for prudent use of public resources by creating additional 27 offices in the public service, to be financed using public funds.
In addition, the petitioners submitted that PSC has abandoned its duties under article 234 which are to establish public offices in compliance and subject to articles 10, 232 and all provisions of the constitution.
Nonetheless, the case will be mentioned on March 28, 2023 for further directions.
