The Employment and Labour Court has dismissed a case that was filed to challenge the appointment of Cabinet Administrative Secretaries (CAS).
The Law Society of Kenya (LSK), filed the petition on grounds of lack of proper public participation by the Public Service Commission (PSC) .
On Thursday, Justice Monica Mbaru ruled that PSC’s decision to create the position was lawful and that the government can go ahead with the appointments.
The court had in October suspended the appointment of the CASs pending the case’s hearing and determination.
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LSK faulted PSC for not providing members of the public with adequate information on the need of having the positions.
“Remember the Constitution has already set the two positions for CS and PS. if you are creating another position then you need to give a justification, which is what the law requires, in terms of a workload analysis so that the public is able to look at that and say vis-a-vie the roles of the PS and the CS, this role is necessary,” the LSK boss, Eric Theuri had said.
Former President Uhuru Kenyatta introduced the CAS positions in 2018.